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 II

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 II
1989 Atlanta, Ga.

FRIDAY, FEBRUARY 24, 1989

1363

Representative Hall, Atlanta, Georgia Friday, February 24, 1989

The House met pursuant to adjournment at 9:00 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. Herchel H. Sheets, Conference Council Director, United Methodist Church, Atlanta, Georgia.
Representative Balkcom of the 140th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the committees:
HB 951. By Representatives Murphy of the 18th, Colwell of the 4th, Griffin of the 6th, Twiggs of the 4th and McCoy of the 1st: 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 repeal the provisions relating to automatic repeal of certain provisions.
Referred to the Committee on Education.
HB 952. By Representatives Orrock of the 30th and Green of the 106th: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for definitions; to provide for the registration of tanning facilities and exemptions therefrom; to provide for applications and forms; to provide for certificates; to provide for issuance, expiration, renewal, denial, termination, suspension, and revocation of certificates.
Referred to the Committee on Health & Ecology.

1364

JOURNAL OF THE HOUSE,

HB 953. By Representative Childers of the 15th:
A bill to amend Article 3 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dental hygienists, so as to provide that an applicant for licensure under that article may be issued a temporary permit authorizing such applicant to practice as a dental hygienist under direct supervision of a licensed dentist.
Referred to the Committee on Health & Ecology.

HB 954. By Representatives Cummings of the 17th and Murphy of the 18th:
A bill to amend Code Section 20-2-210 of the Official Code of Georgia Annotated, relating to annual performance evaluations and development of a state-wide uniform annual evaluation instrument, so as to change the effective date of implementation of the state-wide uniform annual evaluation instrument for each classification of professional personnel certificated by the state board.
Referred to the Committee on Education.

HR 349. By Representatives Royal of the 144th, Greene of the 130th, Reaves of the 147th, Balkcom of the 140th, Holland of the 136th and others:
A resolution relative to a long-term capital gains tax differential for the owners of timberland.
Referred to the Committee on Ways & Means.

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 955. By Representatives Dunn of the 73rd, Ware of the 77th, Groover of the 99th, Porter of the 119th, Lawson of the 9th and others:
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 Trust Fund; to provide for a short title.
Referred to the Committee on Insurance.

HB 956. By Representatives Floyd of the 154th and Chance of the 129th:
A bill to amend an Act creating a new charter of the City of Hinesville, so as to provide for the election of city council members from districts by the residents of such districts; to provide for districts; to provide for general municipal elections and terms of office; to provide for the election of the mayor.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 957. By Representative Smith of the 78th:
A bill to amend an Act abolishing the present method of compensating the tax commissioner of Butts County known as the fee system and providing in lieu thereof an annual salary, so as to provide a supplement to the annual salary of the tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

FRIDAY, FEBRUARY 24, 1989

1365

HB 958. By Representatives Hamilton of the 124th, Crosby of the 150th, Richardson of the 52nd, Williams of the 48th and Lawrence of the 49th:
A bill to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to create the Georgia Children and Youth Overview Committee.
Referred to the Committee on Rules.

HB 959. By Representatives Stephens of the 68th, Thurmond of the 67th, Clark of the 13th and Irwin of the 13th:
A bill to provide for the Athens-Clarke 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 encourage the treatment of persons for alcohol and substance abuse.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 960. By Representatives Byrd of the 153rd, Barfoot of the 120th and Moody of the 153rd:
A bill to amend an Act creating the board of commissioners of Toombs County, so as to change the compensation of the chairman and other members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 961. By Representatives Chambless of the 133rd, White of the 132nd, Cummings of the 134th and Balkcom of the 140th:
A bill to amend an Act creating a new charter for the City of Albany, so as to change the provisions relating to the time of election, the taking of office, and terms of office of the mayor and commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 962. By Representatives Richardson of the 52nd, Redding of the 50th, Oliver of the 53rd, Williams of the 54th, Teper of the 46th and others:
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 963. By Representatives Chambless of the 133rd and Balkcom of the 140th:
A bill to amend an Act creating and establishing a new charter for the City of Albany, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 964. By Representative Mangum of the 57th:
A bill to amend Code Section 47-3-82 of the Official Code of Georgia Annotated, relating to reestablishing creditable service under the Teachers Retirement System of Georgia for membership service for which contributions have been withdrawn, so as to change the provisions relating to the reestablishment of such creditable service.
Referred to the Committee on Retirement.

1366

JOURNAL OF THE HOUSE,

HR 352. By Representatives Hamilton of the 124th, Childers of the 15th and Randall of the 101st:
A resolution creating the House Quality of Work Life Study Committee.
Referred to the Committee on Rules.

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

HB 939 HB 940 HB 941 HB 942 HB 943
HHHBBB 999444654 HB 947 HB 948 HB 949 HB 950

HR 319 HR 321 HR 322 HR 323 SR m
bStB! 23f94l9a SB 356 SB 357 SB 358 SB 359

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

Mr. Speaker:
Your Committee on Banks & Banking has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 631 Do Pass, by Substitute SB 264 Do Pass, by Substitute
Respectfully submitted, Is/ Pinkston of the 100th
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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 316 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:

FRIDAY, FEBRUARY 24, 1989

1367

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 497 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 881 Do Pass HB 901 Do Pass, as Amended HB 905 Do Pass HB 906 Do Pass HB 907 Do Pass

HB 909 Do Pass HB 910 Do Pass HB 913 Do Pass HB 914 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 FRIDAY, FEBRUARY 24, 1989

Mr. Speaker and Members of the House:

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

HB 145 HB 252 HB 332 HB 432 HB 494 HB 510 HB 520 HB 569 HB 576 HB 607 HB 629 HB 674 HB 749 HB 877 HB 878 HB 891

General Appropriations: FY 1989-90 (Postponed) Contracts: Trade Secrets: Determination Torts: Abusive Litigation: Definition Counties/Municipalities: Rewards in Felony Cases: Authorization Hunting: Firearm or Archery Tackle: Prohibitions Insurance: Security Deposits Drug Trafficking: Minors: Penalty Employment Security: Ed. Institutions: Benefits Probation: Revocation: Transfer to Original County County Boards of Health: Members Compensation QBE: Direct Instructional Costs: Funding Medical & Dental Coverage: Jurisdiction of Insurance Commissioner Georgia Plant Food Act of 1989: Enact General Assembly: Certain Accommodations: Expense Allowance Post-Mortem Examination: Local Medical Examiner: Definition Workers' Compensation: Assess For Rehabilitation: Certain Time

HR 107 State Properties Comm.: Property Adjacent Roosevelt State Park HR 295 Richmond County: Convey Property

SB 245 Municipalities: Property Conveyance: Requirements

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JOURNAL OF THE HOUSE,

SR 22 Wilkinson County: Grant Non Exclusive Easement SR 25 Chatham County: Convey Easements
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, Is/ Lee of the 72nd
Chairman

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

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.

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

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.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 901 by adding on line 10 of page 1 after the semicolon and before the word "to" the following:

"to define certain terms; to require the authority to pass through certain fines to its wholesale customers;".
By adding between lines 13 and 14 of page 4 the following:
"Section 2. Said Act is further amended by adding at the end of Section 3 new subsections (f), (g), and (h) to read as follows:
'(f) The term "pass through" shall mean to levy a charge to such wholesale customer in addition to the authority's normal charge for water supplied, to be paid on the same terms as such normal charge for water supplied.
(g) The term "wholesale customer" shall mean the water system of a county or municipality or other consumer of water to which treated water is directly supplied by the authority.
(h) The term "on a prorata basis" shall mean the amount shall be divided among the wholesale customers experiencing such excessive demand based on the proportion of the gallons of demand of each such excessive demand wholesale customer during such month to the total gallons of demand of all such excessive demand wholesale customers during such month.'

FRIDAY, FEBRUARY 24, 1989

1369

Section 3. Said Act is further amended by adding immediately following Section 25A a new Section 25B to read as follows:
'Section 25B. Pass Through Of Certain Fines. In the event that (i) the authority is fined, or negotiates the settlement of a disputed fine or claim by the payment of negotiated consideration to a regulatory agency, either for violating any of the authority's surface water withdrawal permits or for operating any of its treatment plants at a rate in excess of any of its operating permits, and (ii) such alleged permit violation is a result of excessive demand for water by one or more of the authority's wholesale customers, then the authority shall pass through such fine or negotiated consideration on a prorata basis to those of its wholesale customers determined by it in an equitable manner to be experiencing excessive aggregate demand for water during the month of the alleged permit violation.'"
By striking on line 14 of page 4 the following:
"Section 2.",
and inserting in its place the following:
"Section 4."

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 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.

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

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.

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

1370

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.

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

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.

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

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.

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

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.

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

HB 914. By Representatives Smith of the 152nd, Byrd of the 153rd and Moody of the 153rd:
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.

FRIDAY, FEBRUARY 24, 1989

1371

The report of the Committee, which was favorable to the passage of the Bill, was 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 334. By Senator Tate of the 38th:
A bill to provide a homestead exemption of $10,000.00 from all City of Atlanta and City of Atlanta School District ad valorem taxes for each resident of the City of Atlanta who is 65 years of age or over or disabled if the resident's gross income together with the gross income of the spouse who also resides at such homestead does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Security Act.

SB 365. By Senator Pollard of the 24th:
A bill to amend an Act placing the Sheriff of Warren County upon an annual salary in lieu of the fee system of compensation, as amended, so as to change certain provisions regarding the appointment of deputy sheriffs; to provide for the compensation of such deputies; to provide that the county shall furnish the uniforms and leatherware for such deputies.

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.

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.

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.

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.

1372

JOURNAL OF THE HOUSE,

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.

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.

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.

HB 805. By Representative Rainey of the 135th: A bill to create the Unadilla Arena and Tourism Authority.

SB 267. By Senators Stumbaugh of the 55th, Dawkins of the 45th, Tysinger of the 41st and others:
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; to provide for definitions; to provide for membership in the pool; to provide for operation of the pool; to provide for a board of directors; to provide for powers and duties of the pool.

SB 328. By Senator Dawkins of the 45th:
A bill to amend Code Section 40-11-5 of the Official Code of Georgia Annotated, relating to foreclosure procedures for liens against abandoned motor vehicles, so as to increase the fee for filing an affidavit.

SB 329. By Senator Peevy of the 48th:
A bill to amend Code Section 9-2-61 of the Official Code of Georgia Annotated, relating to renewal of a civil action after dismissal, so as to provide that before a plaintiff institutes a previously dismissed civil action, such plaintiff shall first pay the court costs of the action that such plaintiff previously dismissed.

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.

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.

FRIDAY, FEBRUARY 24, 1989

1373

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.
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.
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.
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.
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.
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.
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.

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JOURNAL OF THE HOUSE,

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.

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.

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.

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.

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

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.

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.

FRIDAY, FEBRUARY 24, 1989

1375

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

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.

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.

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.

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

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.

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

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JOURNAL OF THE HOUSE,

SB 267. By Senators Stumbaugh of the 55th, Dawkins of the 45th, Tysinger of the 41st and others:
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; to provide for definitions; to provide for membership in the pool; to provide for operation of the pool; to provide for a board of directors; to provide for powers and duties of the pool.
Referred to the Committee on Insurance.

SB 328. By Senator Dawkins of the 45th:
A bill to amend Code Section 40-11-5 of the Official Code of Georgia Annotated, relating to foreclosure procedures for liens against abandoned motor vehicles, so as to increase the fee for filing an affidavit.
Referred to the Committee on Motor Vehicles.

SB 329. By Senator Peevy of the 48th:
A bill to amend Code Section 9-2-61 of the Official Code of Georgia Annotated, relating to renewal of a civil action after dismissal, so as to provide that before a plaintiff institutes a previously dismissed civil action, such plaintiff shall first pay the court costs of the action that such plaintiff previously dismissed.
Referred to the Committee on Judiciary.

SB 334. By Senator Tate of the 38th:
A bill to provide a homestead exemption of $10,000.00 from all City of Atlanta and City of Atlanta School District ad valorem taxes for each resident of the City of Atlanta who is 65 years of age or over or disabled if the resident's gross income together with the gross income of the spouse who also resides at such homestead does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Security Act.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 365. By Senator Pollard of the 24th:
A bill to amend an Act placing the Sheriff of Warren County upon an annual salary in lieu of the fee system of compensation, as amended, so as to change certain provisions regarding the appointment of deputy sheriffs; to provide for the compensation of such deputies; to provide that the county shall furnish the uniforms and leatherware for such deputies.
Referred to the Committee on State Planning & Community Affairs - Local.

The following Resolution of the House was read and adopted:

HR 350. By Representative Murphy of the 18th:
A resolution recognizing Delia Charles Coggins on the occasion of her 100th birthday.

The Speaker Pro Tem assumed the Chair.

FRIDAY, FEBRUARY 24, 1989

1377

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

HB 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.

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

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.

The report of the Committee, which was favorable to the passage of 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 Y 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
Brooks Brown YBuck Y Buford YByrd
Y Carrell Y Carter

Chambless Y Chance
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 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
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 Long 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
Orrock Y Padgett Y Pannel! 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 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 Y Stancil.S
Stanley Y Steele

1378

JOURNAL OF THE HOUSE,

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 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.

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.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend SB 245 by striking the period from line 26 of page 1 and inserting in lieu thereof the following:

"; provided, however, that each abutting property owner shall be notified of the availability of the property and shall have the opportunity to purchase said property under such terms and conditions as set out by ordinance."

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 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

Y Cheeks Childers
Y Clark.B Clark.H
Y Clark.L Y Colbert Y Coleman Y Colwell
Connell
Y Couch Cox
Y Crawford
Crosby N Cummings,B Y Cummings.M Y Davis.C Y Davis.G
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

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 Long

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
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
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

FRIDAY, FEBRUARY 24, 1989

1379

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, as amended, the ayes were 151, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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.

The following Committee substitute was read and adopted:

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 to the Department of Corrections or any other ordered confinement facility or supervision status; 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 42-8-38 of the Official Code of Georgia Annotated, relating to procedures and requirements applicable to probationers who violate the terms of probation, is amended by striking subsection (d) in its entirety and substituting in lieu thereof a new subsection (d) to read as follows:
"(d) In cases where the probation is revoked in a county other than the county of original conviction, the clerk of court in the county revoking probation may record the order of revocation in the judge's minute docket, which recordation shall constitute sufficient permanent record of the proceedings in that court. The clerk shall send one copy of the order revoking probation to the department to serve as a temporary commitment and shall send the original order revoking probation and all other papers pertaining thereto to the county of original conviction to be filed with the original records. The clerk of court of the county of original conviction shall then issue a formal commitment to the department. Upon such revocation of probation from a diversion center, probation detention center, or special alternative incarceration unit, the probationer shall be transferred to the jail of the county of original conviction to serve the period of revocation or to await formal commitment to the department or any other ordered confinement facility or superivison status unless otherwise ordered by the judge holding the revocation hearing."
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.

1380

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
Y Balkcom 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 Y Buck Y Buford Y Byrd Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B

Clark.H
Y Clark.L 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 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 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 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 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 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
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 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 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 Committee substitute was read and adopted:

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; 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 13 of the Official Code of Georgia Annotated, relating to contracts in general, is amended by striking Code Section 13-1-1, relating to what constitutes a contract, and inserting in its place a new Code section to read as follows:

FRIDAY, FEBRUARY 24, 1989

1381

"13-1-1. (a) A contract is an agreement between two or more parties for the doing or not doing of some specified thing.
(b) (1) A trade secret means information including, but not limited to, technical or nontechnical data, a formula pattern, compilation, program, device, method, technique, drawing, process, financial data, or list of actual or potential customers or suppliers which:
(A) Derives economic value, actual or potential, from not being generally known to other persons who can obtain economic value from its disclosure or use; and
(B) Is the the subject of efforts that are reasonable under the circumstances to maintain its secrecy or confidentiality. (2) Any contractual rights or other rights independent of contract relatin ; to trade secrets shall be construed according to the definition provided by paragraph (1) of this subsection, except that such definition shall have no applicability to Code Section 16-8-13, relating to criminal offenses involving theft of trade secrets, and shall not affect the right of any person to apply for a protective order under paragraph (7) of subsection (c) of Code Section 9-11-26. (3) No rights under this subsection shall be abrogated as a result of access to a trade secret by nonauthorized persons or as a result of an inadvertent disclosure."
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 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
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 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 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 Long 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
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 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 Y White
Wilder Y Williams.B
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.

1382

JOURNAL OF THE HOUSE,

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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 88, nays 31.
The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Richardson of the 52nd gave notice that at the proper time she would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 878.

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.

The following amendment was read and adopted:
The Committee on State Institutions and Property moves to amend SR 22 by striking on page 5, line 12, after the word "be" the figure:
"$250.00"; and inserting in lieu thereof "$650.00."

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 99, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HB 332. 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 7 of Title 51 of the Official Code of Georgia Annotated, relating to false arrest, false imprisonment, and malicious prosecution, so as to provide for the tort of abusive litigation; to define such tort; to provide for the prosecution of claims; to provide for assessment of damages, costs and expenses, and attorney's fees.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 7 of Title 51 of the Official Code of Georgia Annotated, relating to false arrest, false imprisonment, and malicious prosecution, so as to provide for the tort of abusive litigation; to provide for definitions; to define such tort; to provide for the prosecution of claims; to provide for assessment of damages, costs and expenses, and

FRIDAY, FEBRUARY 24, 1989

1383

attorney's fees; to provide for matters relative to the foregoing; to provide that other statutory or common law claims for malicious use of civil proceedings, malicious abuse of civil process, and abusive litigation shall not be allowed; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 51 of the Official Code of Georgia Annotated, relating to false arrest, false imprisonment, and malicious prosecution, is amended by adding at the end thereof a new article, to be designated Article 5, to read as follows:
"ARTICLE 5
51-7-80. As used in this article, the term: (1) 'Civil proceeding' includes any action, suit, proceeding, counterclaim, cross-
claim, third-party claim, or other claim at law or in equity. (2) 'Claim' includes any allegation or contention of fact or law asserted in support
of or in opposition to any civil proceeding, defense, motion, or appeal. (3) 'Defense' includes any denial of allegations made by another party in any
pleading, motion, or other paper submitted to the court for the purpose of seeking affirmative or negative relief, and any affirmative defense or matter asserted in confession or avoidance.
(4) 'Good faith,' when used with reference to any civil proceeding, claim, defense, motion, appeal, or other position, means that to the best of a person's or his or her attorney's knowledge, information, and belief, formed honestly after reasonable inquiry, that such civil proceeding, claim, defense, motion, appeal, or other position is well grounded in fact and is either warranted by existing law or by reasonable grounds to believe that an argument for the extension, modification, or reversal of existing law may be successful.
(5) 'Malice' means acting with ill will or for an unlawful purpose and may be inferred in an action if the party initiated, continued, or procured civil proceedings or process or used process for a purpose other than that of securing the proper adjudication of the claim upon which the proceedings are based.
(6) 'Person' means an individual, corporation, company, association, firm, partnership, society, joint-stock company, or any other entity, including any governmental entity or unincorporated association of persons with capacity to sue or be sued.
(7) 'Unlawful purpose' when used with reference to any civil proceeding, claim, defense, motion, appeal, or other position results in or has the effect of:
(A) Attempting to unjustifiably harass or intimidate another party or witness to the proceeding; or
(B) Attempting to unjustifiably accomplish some ulterior or collateral purpose other than resolving the subject controversy on its merits. (8) 'Without substantial justification,' when used with reference to any civil proceeding, claim, defense, motion, appeal, or other position, means that such civil proceeding, claim, defense, motion, appeal, or other position is:
(A) Frivolous; (B) Groundless in fact or in law; or (C) Vexatious. 51-7-81. Any person who takes an active part in the initiation, continuation, or procurement of civil proceedings against another shall be liable for abusive litigation if such person acts: (1) With malice; and (2) Without substantial justification. 51-7-82. (a) It shall be a complete defense to any claim for abusive litigation that the person against whom a claim of abusive litigation is asserted has voluntarily withdrawn, abandoned, discontinued, or dismissed the civil proceeding, claim, defense, motion, appeal, civil process, or other position which the injured person claims constitutes abusive litigation within 30 days after the mailing of the notice required by subsection (a) of Code Section 51-7-84 or prior to a ruling by the court relative to the civil

1384

JOURNAL OF THE HOUSE,

proceeding, claim, defense, motion, appeal, civil process, or other position, whichever shall first occur; provided, however, that this defense shall not apply where the alleged act of abusive litigation involves the seizure or interference with the use of the injured person's property by process of attachment, execution, garnishment, writ of possession, lis pendens, injunction, restraining order, or similar process which results in special damage to the injured person.
(b) It shall be a complete defense to any claim for abusive litigation that the person against whom a claim of abusive litigation is asserted acted in good faith; provided, however, that good faith shall be an affirmative defense and the burden of proof shall be on the person asserting the actions were taken in good faith.
(c) It shall be a complete defense to any claim for abusive litigation that the person against whom a claim of abusive litigation is asserted was substantially successful on the issue forming the basis for the claim of abusive litigation in the underlying civil proceeding.
51-7-83. (a) A plaintiff who prevails in an action under this article shall be entitled to all damages allowed by law as proven by the evidence, costs and expenses of litigation, and reasonable attorney's fees.
(b) If the abusive litigation is in a civil proceeding of a court of record and no damages other than costs and expenses of litigation and reasonable attorney's fees are claimed, the procedures provided in Code Section 9-15-14 shall be utilized instead,
(c) No motion filed under Code Section 9-15-14 shall preclude the filing of an action under this article for damages other than costs and expenses of litigation and reasonable attorney's fees. Any ruling under Code Section 9-15-14 is conclusive as to the issues resolved therein.
51-7-84. (a) As a condition precedent to any claim for abusive litigation, the person injured by such act shall give written notice by registered or certified mail or some other means evidencing receipt by the addressee to any person against whom such injured person intends to assert a claim for abusive litigation and shall thereby give the person against whom an abusive litigation claim is contemplated an opportunity to voluntarily withdraw, abandon, discontinue, or dismiss the civil proceeding, claim, defense, motion, appeal, civil process, or other position. Such notice shall identify the civil proceeding, claim, defense, motion, appeal, civil process, or other position which the injured person claims constitutes abusive litigation.
(b) An action or claim under this article requires the final termination of the proceeding in which the alleged abusive litigation occurred and must be brought within one year of the date of final termination.
51-7-85. On and after the effective date of this article, no claim other than as provided in this article or in Code Section 9-15-14 shall be allowed, whether statutory or common law, for the torts of malicious use of civil proceedings, malicious abuse of civil process, nor abusive litigation, provided that claims filed prior to such date shall not be affected. This article is the exclusive remedy for abusive litigation."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 94, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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.

FRIDAY, FEBRUARY 24, 1989

1385

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

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.

The following Committee substitute was read and adopted:

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 under certain circumstances to offer rewards in felony cases; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 45-12-35 of the Official Code of Georgia Annotated, relating to rewards for detection or apprehension of perpetrators of felonies, is amended by striking subsection (b) in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) The Governor and any county or municipal governing authority shall, in his their discretion, offer and cause to be paid rewards for the detection or apprehension of the perpetrator of any felony committed within this state, such reward not to exceed the sum of $1,000.00 in felonies not capital, including arson, and not to exceed the sum of $10,000.00 in capital felonies and arson; provided, however, that the governing authority of a county or municipality may offer and pay such a reward only in cases in which the Governor has first offered a reward and, in such case, the amount offered by any local governing authority shall not exceed $10,000.00 or twice the amount offered by the Governor, whichever is less."
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 99, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

1386

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 94, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.

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.

The following Committee substitute was read and adopted:

A RESOLUTION
To establish and accept certain property boundaries, 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; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property which comprises the Franklin D. Roosevelt State Park in Harris County, which is currently under the control of the Department of Natural Resources; and
WHEREAS, the exact property boundaries between the state owned property and the adjacent property owner, Mrs. Brenda H. Stubbs, have been uncertain; and
WHEREAS, the adjacent property owner and the State of Georgia desire to reach a mutually satisfactory determination of boundary lines.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the property boundaries as shown on a plat of survey captioned "Plat of the Property of Truette T. Stubbs, 21st Land District of Harris County, Georgia, Located in Land Lots 230, 231 & 250," prepared by Hugh P. Riley, Registered Land Surveyor, dated November 30, 1981, and recorded in Plat Book 10 at Page 165 of the records of the Clerk of the Superior Court of Harris County, Georgia, reference to which is hereby made for a more complete and accurate description and a copy of which is attached to this resolution and made a part hereof by reference as true, accurate, and certain as to the boundary lines separating the Franklin D. Roosevelt State Park and the adjacent property now owned by Brenda H. Stubbs, formerly owned by Truette T. Stubbs.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the ayes were 102, nays 2.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

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.

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

FRIDAY, FEBRUARY 24, 1989

1387

On the passage of the Bill, the ayes were 93, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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.

The following Committee substitute was read and adopted:

A RESOLUTION
Authorizing the conveyance of certain state owned property located in Richmond County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of a parcel of real property located in Richmond County, Georgia, comprising approximately 350 acres; and
WHEREAS, the Richmond County Development Authority is desirous of obtaining a portion of the above-described property for the development of an industrial park.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the above-described property and, in all matters relating to the conveyance of the property, the State of Georgia is acting by and through the State Properties Commission.
Section 2. That, upon selection of a site to be approved by the Board of Human Resources and the State Properties Commission and such site being declared surplus, such site being a portion of the above-referenced property shall be conveyed to the Richmond County Development Authority.
Section 3. That the above-described real property selected as provided in Section 2 of this resolution shall be conveyed by appropriate instrument to the Richmond County Development Authority by the State of Georgia, acting by and through the State Properties Commission, for a consideration equal to the fair market value of such property as determined by the State Properties Commission and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interest of the State of Georgia.
Section 4. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
Section 5. That a plat of survey shall be provided by purchaser, suitable for recording in Richmond County, and presented to the Executive Director of the State Properties Commission for his approval.
Section 6. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval and in accordance with the provisions hereof.
Section 7. That all laws and parts of laws in conflict with this resolution are repealed.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the ayes were 101, nays 1.

1388

JOURNAL OF THE HOUSE,

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

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.

The report 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 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 520. By Representatives Davis of the 29th, Sinkfield of the 37th, 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.

The following Committee substitute was read and adopted:

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, said minors being under the age of 18 years; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to the regulation of controlled substances, is amended by striking Code Section 16-13-30, relating to criminal penalties for persons who possess, control, manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute any controlled substance, and inserting in its place a new Code Section 16-13-30 to read as follows:
"16-13-30. (a) Except as authorized by this article, it is unlawful for any person to possess or have under his control any controlled substance.
(b) Except as authorized by this article, it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute any controlled substance.
(c) Except as otherwise provided, any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule I or a narcotic drug in Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two years nor more than 15 years. Upon conviction of a second or subsequent offense, he shall be imprisoned for not less than five years nor more than 30 years.
(d) Except as otherwise provided, any person who violates subsection (b) of this Code section with respect to a controlled substance in Schedule I or a narcotic drug in

FRIDAY, FEBRUARY 24, 1989

1389

Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 30 years; provided, however, that if such person violates subsection (b) of this Code section with respect to a controlled substance in Schedule I or a narcotic drug in Schedule II by delivering, distributing, dispensing, administering, selling, or possessing with intent to distribute such controlled substance or narcotic drug to a minor, said minor being under the age of 18 years, such person shall be punished by imprisonment for not less than ten years nor more than 30 years. Upon conviction of a second or subsequent offense, he shall be imprisoned for life.
(e) Any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule II, other than a narcotic drug, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two years nor more than 15 years. Upon conviction of a second or subsequent offense, he shall be punished by imprisonment for not less than five years nor more than 30 years.
(f) Any person who violates subsection (b) of this Code section with respect to a controlled substance in Schedule II, other than a narcotic drug, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 30 years; provided, however, that if such person violates subsection (b) of this Code section with respect to a controlled substance in Schedule II, other than a narcotic drug, by delivering, distributing, dispensing, administering, selling, or possessing with intent to distribute such controlled substance to a minor, said minor being under the age of 18 years, such person shall be punished by imprisonment for not less than ten years nor more than 30 years.
(g) Any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule III, IV, or V shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years. Upon conviction of a second or subsequent offense, he shall be imprisoned for not less than one year nor more than ten years.
(h) Any person who violates subsection (b) of this Code section with respect to a controlled substance in Schedule III, IV, or V shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years; provided, however, that if such person violates subsection (b) of this Code section with respect to a controlled substance in Schedule III, IV, or V by delivering, distributing, dispensing, administering, selling, or possessing with intent to distribute such controlled substance to a minor, said minor being under the age of 18 years, such person shall be punished by imprisonment for not less than five years nor more than ten years.
(i) Except as authorized by this article, it is unlawful for any person to possess, have under his control, manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute a counterfeit substance. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years] provided, however, that if such person violates this subsection by delivering, distributing, dispensing, administering, selling, or possessing with intent to distribute such counterfeit substance to a minor, said minor being under the age of 18 years, such person shall be punished by imprisonment for not less than five years nor more than ten years.
(j) (1) It is unlawful for any person to possess, have under his control, manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute marijuana.
(2) Except as otherwise provided in subsection (c) of Code Section 16-13-31 or in Code Section 16-13-2, any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years; provided, however, that if such person violates this subsection by delivering, distributing, dispensing, administering, selling, or possessing with intent to distribute marijuana to a minor, said minor being under the age of 18 years, such person shall be punished by imprisonment for not less than five years nor more than ten years."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

1390

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 ayes were 107, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, HB 520, by substitute, was ordered immediately transmitted to the Senate.

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.

The following substitute, offered by Representative Rainey of the 135th, was read and adopted:

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 prohibit while hunting wildlife the use of a firearm or archery tackle in a manner to endanger the bodily safety of another person; to make it unlawful to hunt or possess a hunting license under certain circumstances; to provide for the punishment of such acts; to provide for the seizure and revocation of the hunting licenses of persons so charged; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 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, is amended by adding at the end thereof new Code Sections 16-11-108, 16-11-109, and 16-11-110 to read as follows:
"16-11-108 (a) Any person who while hunting wildlife uses a firearm or archery tackle in a manner to endanger the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his act or omission will cause harm to or endanger the safety of another person and the disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation is guilty of a misdemeanor; provided, however, if such conduct results in serious bodily harm to another person, the person engaging in such conduct shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one nor more than ten years, or both.
(b) Whenever a person is charged with violating subsection (a) of this Code section, the arresting law enforcement officer shall take the hunting license of the person so charged. The hunting license shall be attached to the court's copy of the citation, warrant, accusation, or indictment and shall be forwarded to the court having jurisdiction of the offense. A copy of the citation, warrant, accusation, or indictment shall be forwarded, within 15 days of its issuance, to the Game and Fish Division of the Department of Natural Resources.

FRIDAY, FEBRUARY 24, 1989

1391

(c) In order to obtain a temporary hunting license, a person charged with violating subsection (a) of this Code section must present to the director of the Game and Fish Division of the Department of Natural Resources a certificate of satisfactory completion, after the date of the incident for which the person was charged and regardless of the person's age or date of birth, of a hunter education course prescribed by the Board of Natural Resources. A temporary hunting license issued under such circumstances shall be valid until the next March 31 or until suspended or revoked under any provision of this title or of Title 27. The director of the Game and Fish Division of the Department of Natural Resources may renew the temporary hunting license during the pendency of charges.
(d) (1) If the person is convicted of violating subsection (a) of this Code section, the court shall, within 15 days of such conviction, forward the person's hunting license and a copy of the record of the disposition of the case to the Game and Fish Division of the Department of Natural Resources. At this time, the court shall also require the person to surrender any temporary hunting licenses issued pursuant to the provisions of subsection (c) of this Code section.
(2) If the person is not convicted of violating subsection (a) of this Code section, the court shall return the hunting license to the person. 16-11-109. (a) It shall be unlawful during the pendency of such charges and any period of license revocation and ineligibility pursuant to Code Section 16-11-110 for any person charged with or convicted of a violation of subsection (a) of Code Section 16-11-108 to either:
(1) Hunt without a license in violation of Code Section 27-2-1; or (2) Possess a Georgia hunting license other than a temporary hunting license issued by the director of the Game and Fish Division of the Department of Natural Resources pursuant to the provisions of subsection (c) of Code Section 16-11-108. (b) Any person who violates subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one nor more than five years, or both. (c) Upon conviction of a violation of subsection (a) of this Code section, the court shall, within 15 days of such conviction, forward any hunting license found in the possession of the convicted person and a copy of the record of the disposition of the case to the Game and Fish Division of the Department of Natural Resources. 16-11-110. (a) Any hunting license of any person convicted of violating subsection (a) of Code Section 16-11-108 or subsection (a) of Code Section 16-11-109 shall by operation of law be revoked. (b) Any person convicted of violating subsection (a) of Code Section 16-11-108 or subsection (a) of Code Section 16-11-109 shall be ineligible for a hunting license for a period of five years from the date of conviction. (c) If a person's hunting license is revoked by operation of law as provided in subsection (a) of this Code section, the fact that the person's hunting license was not surrendered to the law enforcement officer at the time the person was charged with violating subsection (a) of Code Section 16-11-108 or the fact that the person's hunting license was not retained by the court and forwarded to the Game and Fish Division of the Department of Natural Resources as provided in subsection (d) of Code Section 16-11-108 or in subsection (c) of Code Section 16-11-109 shall not affect such revocation."
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:

1392
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
Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford YByrd
Carrell Y 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
Colwell Connell
Y Couch Cox
Y Crawford N 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 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 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
Long YLord
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
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett
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
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 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
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, by substitute, the ayes were 153, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The Speaker assumed the Chair.

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1989 and ending June 30, 1990, as prescribed hereinafter for such fiscal year, from the General Funds of the State, including unappropriated surplus and a revenue estimate of $7,071,000,000 for State Fiscal Year 1990.

FRIDAY, FEBRUARY 24, 1989

1393

PARTI LEGISLATIVE BRANCH

Section 1. F.Y. 1990

Legislative Branch. $21,778,888

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any state-owned building other than the State Capitol, the committee shall measure the need for said space as compared to the space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction 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 the Legislative Fiscal Office; for the operation of the House Research Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code revision; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing services, and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appropriations.

Section 2. F.Y. 1990

Department of Audits. $14,158,000

PART II JUDICIAL BRANCH

Section 3. F.Y. 1990

Supreme Court. $4,157,264

Section 4. F.Y. 1990

Court of Appeals. $5,027,790

Section 5. F.Y. 1990

Superior Courts. $38,365,333

Section 6. F.Y. 1990

Juvenile Courts. $406,335

1394

JOURNAL OF THE HOUSE,

Section 7. F.Y. 1990

Institute of Continuing Judicial Education. $811,079

Section 8. F.Y. 1990

Judicial Council. $1,812,759

Section 9. F.Y. 1990

Judicial Qualifications Commission. $114,950

Section 10. F.Y. 1990

Indigent Defense Council. $2,500,000

Section 11. F.Y. 1990

Council of Magistrate Court Judges. $26,000

Section 12. F.Y. 1990

Council of Probate Court Judges. $20,000 "

Section 13. F.Y. 1990

Council of State Court Judges. $49,500 ~~

PART III EXECUTIVE BRANCH

Section 14. F.Y. 1990

Department of Administrative Services. $43,413,018

Section 15. F.Y. 1990

Department of Agriculture. $36,895,562

Section 16. F.Y. 1990

Department of Banking and Finance. $5,777,908

Section 17. F.Y. 1990

Department of Community Affairs. $8,445,856

Section 18. F.Y. 1990

Department of Corrections. $342,737,965

Section 19. F.Y. 1990

Department of Defense. $5,040,845

Section 20. F.Y. 1990

State Board of Education. $2,560,463,596

Provided, that the formula calculation for Quality Basic Education funding assumes a base unit cost of $1,460.99. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.
Funds in the amount of up to $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.
Provided, that of the above appropriation relative to the 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time during the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, which provided such common preparation time during the immediately preceding school year, and which meet criteria and standards prescribed by the State Board of Education for middle school programs.

FRIDAY, FEBRUARY 24, 1989

1395

Section 21. F.Y. 1990

Employees' Retirement System. $ -0-

Section 22. F.Y. 1990

Forestry Commission. $34,603,458

Section 23. F.Y. 1990

Georgia Bureau of Investigation. $31,958,078

Section 24. F.Y. 1990

Office of the Governor. $20,215,691

Section 25. F.Y. 1990

Department of Human Resources. $933,167,920

Section 26. F.Y. 1990

Department of Industry and Trade. $18,798,183

Section 27. F.Y. 1990

Department of Insurance. $10,379,826

Section 28. F.Y. 1990

Department of Labor. $16,399,325

Section 29. F.Y. 1990

Department of Law. $8,447,471

Section 30. F.Y. 1990

Department of Medical Assistance. $539,005,008

Section 31. F.Y. 1990

Department of Natural Resources. $69,405,317

Provided, that no land shall be purchased for State park purposes from funds appropriated in this section or from any other funds without the approval of the State Properties Control Commission, except that land specifically provided for in this Section.
Provided, that from the above appropriation, the $2,500,000 for Environmental Facilities Grants, shall be available for allotment to counties and municipalities for solid waste projects, for emergency-type water and sewer projects, and for water and sewer projects associated with the Environmental Facilities Authority loan program where grant funds are needed to make the project financially feasible. All water and sewer projects and solid waste projects shall utilize a maximum State match of 50 percent of the total cost of each project. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources. No maximum State match shall be utilized for emergency-type water and sewer projects.
Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Department of Natural Resources is authorized and directed to use the excess receipts to provide for the most immediate critical needs of the Parks, Recreation and Historic Sites Division to include repairs and maintenance of State Parks and Historic Sites facilities.

Section 32. F.Y. 1990

State Board of Technical and Adult Education. $115,375,481

Provided, that none of the State funds appropriated in this section may be used for the purpose of planning, designing, constructing, or renovating an area vocational-technical school unless said school agrees to be governed by the State Board of Technical and Adult Education.

Section 33. F.Y. 1990

Department of Public Safety. $87,287,268

1396

JOURNAL OF THE HOUSE,

Section 34. F.Y. 1990

Public School Employees' Retirement System. $13,614,025

Section 35. F.Y. 1990

Public Service Commission. $7,388,386

Section 36. F.Y. 1990

Regents, University System of Georgia. $863,892,274

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 37. F.Y. 1990

Department of Revenue. $67,362,009

Section 38. F.Y. 1990

Secretary of State. $22,538,403

Section 39. F.Y. 1990

Soil and Water Conservation Committee. $1,784,669

Section 40. F.Y. 1990

Georgia Student Finance Commission. $19,902,769

Provided, that of the above appropriated amount relative to Educational Loans, and amount not to exceed $14,000 may be used to provide stipends for training recruitment, teacher and counselor personnel in health career fields and other fields for which funds are provided herein for the making of cancellable loans to students.
Designated Totals for Guaranteed Educational Loans: (Cancellable Loans)
A) Students in paramedical and other professional and educational fields of study: Not less than $1,435,000.
B) Eligible members of the Georgia National Guard: Not to exceed $100,000. C) Teachers seeking special education training: Not to exceed $225,000. D) Students who are to become agricultural teachers: Not to exceed $30,000. E) Students who are to become mathematics or science teachers: Not to exceed $300,000. The appropriation in this Section relative to Tuition Equalization Grants provides for payment of grants of $900 per academic year and for payment of grants for the summer school quarter or semester to undergraduate students attending colleges as provided for in Code Sections 20-3-410 through 20-3-416.

Section 41. F.Y. 1990

Teachers' Retirement System. $3,677,500

Section 42. F.Y. 1990

Department of Transportation. $541,526,123

As authorized in the Amended General Appropriations Acts for State Fiscal Year 1981 and 1985, $246,500,000 in principal amount of General Obligation Bonds were sold for advance construction of the Interstate System. Debt service on these bonds in being provided from General Fund Appropriations or Federal Interstate payback funds and $221,850,000 (90",) is to be repaid to the State from Federal Interstate Funds. $177,748,573 has been repaid leaving a balance due of $44,101,427. A $44,101,427 payment shall be applied during the State Fiscal Year 1990 to the $44,101,427 balance providing for full repayment to the State.
As authorized in the Amended General Appropriations for State Fiscal Year 1988, $22,000,000 in principal amount of General Obligation Bonds were sold for advanced financing the replacement of the Talmadge Memorial Bridge, with debt service being provided from General Funds and the principal amount to be repaid to the State from Federal Demonstration Funds received in Fiscal Years 1990 and 1991. $720,000 has been

FRIDAY, FEBRUARY 24, 1989

1397

repaid leaving a balance due of $21,280,000. A $10,640,000 payment shall be applied during the State Fiscal Year 1990 to the $21,280,000 balance due leaving a principal balance due of $10,640,000 to be repaid to the State.
For this and all future general appropriations acts, it is the intent that the following provisions apply:
(a) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.
(b) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years subject to the approval by the Office of Planning and Budget.
(c) Interstate Rehabilitation Funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
(d) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in this Section.
(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 43. F.Y. 1990

Department of Veterans Service. $19,018,031

Section 44. F.Y. 1990

State Board of Workers' Compensation. $7,438,310

Section 45. F.Y. 1990

State of Georgia General Obligation Debt Sinking Fund. $325,965,892

Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $9,600,000 is specifically appropriated for the purpose of financing loans to local governments through the Environmental Facilities Authority for water and sewer and wastewater treatment projects and initiating loans to local governments for community water reservoir projects 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 sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $792,000 is specifically appropriated for the purpose of financing repairs and renovations at seven converted schools, two converting schools and Athens Technical Institute for the State Board of Technical and Adult Education by means of acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary of useful in connection therewith through the issuance of not more than $3,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $579,600 is specifically appropriated for the purpose of
financing for the State Board of Technical and Adult Education the purchase of equipment and furnishings for Southeastern (Vidalia) Technical Institute through the issuance

1398

JOURNAL OF THE HOUSE,

of $2,415,000 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 Obligation Debt Sinking Fund, $480,000 is specifically appropriated for the purpose of financing for the Department of Corrections the purchase of operational equipment for Hayes Correctional Institution through the issuance of $2,000,000 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 Obligation Debt Sinking Fund, $172,800 is specifically appropriated for the purpose of providing planning funds for the Department of Correction's prison for women in Pulaski County through the issuance of $720,000 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 Obligation Debt Sinking Fund, $67,200 is specifically appropriated for the purpose of financing for the State Board of Technical and Adult Education the purchase of equipment and furnishings for the Griffin Technical Institute through the issuance of $280,000 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 Obligation Debt Sinking Fund, $3,080,000 is specifically appropriated for the purpose of financing development of a new mountain resort in North Georgia for the Department of Natural Resources by means of acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith through the issuance of not more than $28,000,000 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 Obligation Debt Sinking Fund, $1,650,000 is specifically appropriated for the purpose of financing the Game and Fish land acquisition program for the Department of Natural Resources through the issuance of not more than $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia Obligation Debt Sinking Fund, $1,650,000 is specifically appropriated for the purpose of financing a capital outlay program 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
$15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia Obligation Debt Sinking Fund, $1,617,000 is specifically appropriated for the purpose of financing construction of 17 local libraries for the State Board of Education 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 $14,700,000 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 Obligation Debt Sinking Fund, $660,000 is specifically appropriated for the purpose of financing regional reservoir land acquisition for the Department of Natural Resources 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 Obligation Debt Sinking Fund, $550,000 is specifically appropriated for the purpose of financing contaminated materials cleanup, building demolition and utility relocation for the

FRIDAY, FEBRUARY 24, 1989

1399

World Congress Center 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 $5,000,000 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 Obligation Debt Sinking Fund, $495,000 is specifically appropriated for the purpose of financing the establishment of a manufacturing research center at the Georgia Institute of Technology 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 $4,500,000 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, $462,000 is specifically appropriated for the purpose of financing an addition to the existing structure at the Herty Foundation for the Board of Regents by means of acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith through the issuance of not more than $4,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $393,800 is specifically appropriated for the purpose of financing replacement cottages at Augusta and Milledgeville Youth Development Centers for the Department of Human Resources by means of acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith through the issuance of not more than $3,580,000 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, $391,050 is specifically appropriated for the purpose of financing construction of support facilities at the correctional facility under construction in Telfair County for the Department of Corrections by means of acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith through the issuance of not more than $3,555,000 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, $333,300 is specifically appropriated for the purpose of financing Clayton County Regional Youth Development Center for the Department of Human Resources by means of acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith through the issuance of not more than $3,030,000 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, $291,500 is specifically appropriated for the purpose of financing construction of support facilities at the correctional facility under construction
at Buford for the Department of Corrections by means of acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, struc-
tures, equipment and facilities, both real and personal, necessary or useful in connection therewith through the issuance of not more than $2,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hun-
dred 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, $281,050 is specifically appropriated for the purpose of financing renovation of the Atlanta Advancement Center for the Department of Corrections by means of acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith through the issuance of not more than $2,555,000 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, $228,800 is specifically appropriated for the purpose of financing the replacement of the underground steam distribution system at Central State Hospital for the Department of Human Resources by means of acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith through the issuance of not more than $2,080,000 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, $220,000 is specifically appropriated for the purpose of financing the continued replacement of the underground steam distribution system at Northwest Georgia Regional Hospital for the Department of Human Resources by means of acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith through the issuance of not more than $2,000,000 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, $271,150 is specifically appropriated for the purpose of financing construction of a secure treatment and detention center and renovation of the electrical and water systems at Milledgeville Youth Development Center for the Department of Human Resources by means of acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith through the issuance of not more than $2,465,000 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, $220,000 is specifically appropriated for the purpose of financing acquisition of land for Georgia Market Center for the Department of Agriculture 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, $181,500 is specifically appropriated for the purpose of financing the completion of the golf course at the Georgia Veteran's State Park for the Department of Natural Resources by means of acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith through the issuance of not more than $1,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $180,950 is specifically appropriated for the purpose of financing construction of an auditorium and classrooms at Augusta Youth Development Center for the Department of Human Resources by means of acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith through the issuance of not more than $1,645,000 in principal amount of General

FRIDAY, FEBRUARY 24, 1989

1401

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, $174,900 is specifically appropriated for the purpose of financing construction of a career development center, classroom and student center buildings at Pickens, Walker, and Upson Technical Institutes for the State Board of Technical and Adult Education 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 $1,590,000 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, $110,000 is specifically appropriated for the purpose of financing asbestos removal projects at regional offices, laboratories and hospitals of the Department of Human Resources by means of acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith through the issuance of not more than $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.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $88,000 is specifically appropriated for the purpose of financing the replacement of the chilled water system at Atlanta Regional Hospital for the Department of Human Resources by means of acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith through the issuance of not more than $800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.

Section 46. F.Y. 1990

Employee Compensation. $194,580,935

In addition to all other appropriations for the State Fiscal Year ending June 30, 1990, there is hereby appropriated $194,580,935 for the purposes described here: (1) for a costof-living salary adjustment of 2.5''v (with a $450 minimum) for full-time employees of the executive, judicial and legislative branches of government, including eligible state agency heads, effective July 1, 1989; (2) for a 2.5 %. cost-of-living salary adjustment for employees of the Board of Regents effective September 1, 1989, for academic personnel and July 1, 1989, for non-academic personnel; (3) for a 2.5% cost-of-living adjustment effective July 1, 1989, for non-certified personnel and a 3.0% cost-of-living adjustment effective September 1, 1989 for certificated personnel for employees of the Department of Technical and Adult Education; (4) for a 2.5'V salary adjustment for State-paid school bus drivers and lunchroom workers, effective July 1, 1989; (5) for a 3% increase in the teacher salary schedule in effect for F.Y. 1989 for all certificated public school professional personnel, effective September 1, 1989, which will increase the T-4 entrance level from $17,823 to $18,357 per year; (6) for an adjustment in the public school and technical institute salary schedule, to provide for an increase in the longevity factor from 2.8% to 2.9 %; (7) for two 1.5% cost-of-living adjustments for ERS retirees; and (8) for an increase of .4% (from 5.9 ''( to 6.3%,) in the State Health Plan employer contribution rate for teachers, and a decrease of .25%, (from 10.5% to 10.25%) in the State Health Benefit Plan and the employer contribution rate for State agencies; and additional funds for the School Services Personnel State Health Benefit Plan and the Prior Retired Teachers Health Benefit Plan.

Section 47. In addition to all other appropriations for the State Fiscal Year ending June 30, 1990, there is hereby appropriated $5,265,000 to implement the Governor's recommendations for the Growth Strategies Commission proposals.

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Section 48. Appropriations to the object class "Authority Lease Rentals" shall be used entirely for payment to debt sinking funds, and no funds shall be withdrawn from debt sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sinking fund.
Section 49. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other date determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefore.
Section 50. Each and every agency, board, commission, and authority receiving appropriations in this Act shall procure and utilize only the most economical and cost effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for commuting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicle in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner. The State Auditor shall make the utilization of State motor vehicles, xerographic equipment and telephone equipment a matter of special interest in future audits to insure strict compliance with the intent of this General Assembly.
Section 51. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 52. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible: First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets. It is the further intent of this General Assembly that the Office of Planning and Budget utilize its budgetary and fiscal authority so as to accomplish the above-stated intent to the greatest degree feasible; and that at the end of this fiscal year, said Office of Planning and Budget provide written notice to members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.

FRIDAY, FEBRUARY 24, 1989

1403

Section 53. It is the intent of this General Assembly that each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine the expenditures as contemplated in this Appropriations Act.
Section 54. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 55. No State appropriations authorized under this Act shall be used to continue programs currently funded by 100 percent federal funds.
Section 56. It is the intent of the General Assembly that for the purposes of this Act, (1) Authorized motor vehicles are defined as sedans, pick-up trucks, vans, station wagons and other such vehicles for street and highway use; and (2) The number of passenger-carrying motor vehicles indicated for each budget unit shall include leased vehicles and State-owned vehicles. (3) The Departments are not authorized to accept vehicles for surplus property to increase the number authorized in this Act unless specifically approved by the Office of Planning and Budget.
Section 57. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly for this State fiscal year, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit of the Executive Branch between objects, programs, activities and functions subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the Fiscal Year to which this Appropriations Act applies, and provided, further, that no funds whatsoever shall be transferred between objects without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each 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 the audit in which expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recommendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers. (1) For the purpose of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Purchases, Publication and Printing, Equipment, Postage, Computer Charges, Real Estate Rentals and Telecommunications. (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.

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(3) It is the further intent that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.

Section 58. 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 59. The Office of Planning and Budget is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the foregoing Section of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State.

Section 60. F.Y. 1990

TOTAL STATE FUND APPROPRIATIONS $7,071,000,000

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

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

The following Committee substitute was read:

A BILL

To make and provide appropriations for the State Fiscal Year beginning July 1, 1989, and ending June 30, 1990; 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, 1989, and ending June 30, 1990, 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 $6,720,000,000 for State Fiscal Year 1990.

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 ...............................................................$

21,778,888 10,377,086
3,253,115 2,467,900
117,200 7,000 0

FRIDAY, FEBRUARY 24, 1989

1405

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......................

300,000 400,000
65,100 673,000
428,259
2,492,428 65,000
1,132,800 0
21,778,888 21,778,888

Senate Functional Budgets

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

Total Funds

$

4,088,444

$

578,618

$

1,074,118

$

5,741,180

State Funds
4,088,444 578,618
1,074,118 5,741,180

House Functional Budgets

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

Total Funds

$

8,455,679

$

425,506

$

1,141,042

$

10,022,227

State Funds
8,455,679
425,506 1,141,042 10,022,227

Joint Functional Budgets

Total Funds

State Funds

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

$

2,064,005

$

1,981,699

$

811,700

$

1,158,077

$

6,015,481

2,064,005
1,981,699 811,700
1,158,077 6,015,481

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

1406

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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.

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....................................................................$

13,442,616
11,554,362 341,610 700,000 11,000 23,750 25,500 517,628 218,209 50,557
13,442,616 13,442,616

PART II. JUDICIAL BRANCH

Section 3. Supreme Court. Budget Unit: Supreme Court...............................................................$

4,080,027

Section 4. Court of Appeals. Budget Unit: Court of Appeals ...........................................................$

4,617,723

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......................................................................$

37,917,869 36,123,412
772,812 122,660
83,188
800,797 15,000

Section 6. Juvenile Courts. Budget Unit: Juvenile Courts..............................................................$

350,594

Section 7. Institute of Continuing Judicial Education.

FRIDAY, FEBRUARY 24, 1989
Budget Unit: Institute of Continuing Judicial Education ............................................
Institute's Operations................................................................ Georgia Magistrate Courts
Training Council.....................................................................
Section 8. Judicial Council. Budget Unit: Judicial Council.......................................................
Council Operations..................................................................... Payments to Judicial
Administrative Districts for Case Counting........................................................................ Board of Court Reporting........................................................ Payment to Council of Magistrate Court Judges .......................................................................... Payment to Council of Probate Court Judges .......................................................................... Payment to Council of State Court Judges.......................................................................... 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...............................................................................

1407
562,500 437,000 125,500
1,675,427 736,564
73,500 29,723 26,000 20,000 10,000 150,000 629,640
109,550
27,502,386 44,452,826 9,677,015
338,500 426,000 2,195,708 9,349,841 3,410,400 898,105 431,150
0 37,900 2,000,000
3,260,000 34,400,000 13,000,000
608,800 50,000

1408

JOURNAL OF THE HOUSE,

Georgia Golf Hall of Fame Operations.........................
Authorities Liability Reserve Fund ....................
Grants to Counties............... Grants to Municipalities..... Total Funds Budgeted......... State Funds Budgeted.........

30,000
0 2,600,000 4,200,000 131,366,245 27,502,386

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

407,161 5,663,702
17,446,406
12,666,455 2,814,071
697,116
550,698 33,193,526 3,939,909 43,546,802 6,453,276
1,511,616 707,867
1,767,600 131,366,245

407,161 5,633,637
13,086,304
0 2,814,071
0
550,698 0 0
5,010,515 0 0 0 0
27,502,386

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
20,038,669 4,704,744
22,750 238,500 220,775 112,000
10,800 136,700 143,300
0 8,166,638
190,000 0
0 33,984,876
0

Georgia Building Authority Functional Budgets

Total Funds

State Funds

Grounds Custodial

1,965,555 5,264,184

FRIDAY, FEBRUARY 24, 1989

Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total

$

5,140,693

$

5,234,133

$

331,385

$

4,560,675

$

10,788,251

$

700,000

$

0

$

33,984,876

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..................................................

1409
250,000
4,500,000 3,996,000 I,500,000
175,000 700,000
0 0 20,000 800,000 0 0 II,691,000 250,000
33,603,184
28,675,447 3,523,483 876,524 480,842 483,890 463,294 851,763 401,619 316,871 650,000
2,252,767
1,700,737 547,000 91,000 60,000 205,000
537,132
200,000 0

1410

JOURNAL OF THE HOUSE,

Contract - Federation of Southern Cooperatives..
Tick Control Program...... Poultry Indemnities.......... Total Funds Budgeted...... State Funds Budgeted......

60,000
50,000 100,000 42,527,369 33,603,184

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

4,224,441 6,745,125 1,833,846 3,721,544 4,606,263 1,484,421 2,934,660
6,205,046 3,885,349 4,214,916
356,662 2,041,206 42,527,369

3,875,441 6,371,125 1,796,592 3,721,544 4,535,600 1,484,421 2,920,760
4,766,334 1,291,191
744,070 0
1,857,206 33,603,184

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....................................................................$

595,229
141,420
7,250
0 7,611
0 0 9,000 32,000 76,000 120,000 988,510 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....................................................................$

4,918,000 233,000 332,000 13,500 17,000 80,000 196,000 53,000 2,000
5,844,500 5,844,500

FRIDAY, FEBRUARY 24, 1989

1411

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 ...................................................................................$ 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....................................................................$

7,383,312
4,958,380 252,705 176,155 0 8,910 41,495 435,062 66,500 118,020 50,000
1,400,000 160,000
114,673
30,000,000
0 0 0
600,000
400,490 38,782,390 7,383,312

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

$

3,582,806

$

1,492,982

$

32,269,977

$

1,126,338

$

310,287

$

38,782,390

3,560,306 1,279,762
1,275,995 956,962 310,287
7,383,312

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............................................................

332,226,097 241,182,659 31,320,024
1,356,304 1,742,000 3,767,644
892,000 3,083,000 2,438,358 1,690,152
97,450 9,701,515

1412

JOURNAL OF THE HOUSE,

Court Costs.......................................................................................$ County Subsidy ...............................................................................$ County Subsidy for Jails................................................................$ County Workcamp Construction
Grants............................................................................................$ Grants for Local Jails.....................................................................$ Central Repair Fund.......................................................................$
Payments to Central State Hospital for Meals.......................................................................$
Payments to Central State Hospital for Utilities...................................................................$
Payments to Public Safety for Meals.......................................................................................$
Inmate Release Fund......................................................................$ Health Services Purchases.............................................................?
Payments to MAG for Health Care Certification........................................................................$
University of Georgia Cooperative Extension Service Contracts.........................................................................$
Minor Construction Fund..............................................................$ Authority Lease Rentals ................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Funding.................................................................$ Georgia Correctional Industries....................................................$ State Funds Budgeted....................................................................$

350,000 12,454,000 6,775,000
0 400,000 750,000
3,262,000
1,258,000
350,000 1,125,000 15,548,832
50,000
304,000 0
200,000 340,097,938
0 0 332,226,097

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutions and Support Probation Total

$

36,935,000

$ 240,891,000

$

62,271,938

$ 340,097,938

$

36,886,497

$ 239,384,000

$

55,955,600

$ 332,226,097

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....................................................................?

21,196,000
17,452,000 540,000 524,000 57,500 75,000 125,000
1,189,000 416,000 123,000 694,500
21,196,000 21,196,000

Section 15. Department of Defense. Budget Unit: Department of Defense ................................................? Operations Budget:
Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel....................................................,...........................................? Motor Vehicle Purchases ...............................................................$

5,165,857
8,043,669 4,212,153
77,604 41,500

FRIDAY, FEBRUARY 24, 1989

1413

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...............

57,525 22,155 5,760 154,276 196,500
1,044,200 51,000
18,000 42,000
0 66,315 180,000 14,212,657 5,165,857

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

$

1,347,104

$

3,169,318

$

3,671,545

$

6,024,690

$

14,212,657

1,268,752
984,071 523,872 2,389,162 5,165,857

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....................................................

2,407,356,465
40,036,602 4,701,321 1,694,360
91,783 517,041 11,817,805 2,411,867 793,133 20,967,274 870,888
0
634,576,844 522,875,945 251,437,707 76,226,518
79,994,409 182,331,025 21,241,981 43,764,770
6,359,828 16,566,300 86,139,419 460,712,024

1414

JOURNAL OF THE HOUSE,

Pupil Transportation ......................................................................$ Isolated Schools...............................................................................$ Local Fair Share..............................................................................$ Other Categorical Grants: Equalization Formula .....................................................................$ Sparsity Grants................................................................................$ In School Suspension......................................................................$ Special Instructional Assistance ...................................................$ Middle School Incentive ................................................................$ Special Education Low -
Incidence Grants..........................................................................$ Non-QBE Grants:
Education of Children of LowIncome Families...........................................................................$
Retirement (H.B. 272 and H.B. 1321) ..........................................................$
Instructional Services for the Handicapped .........................................................................$
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 Flow Through...............................................................................$ Payment of Federal Funds to Postsecondary Vocational Education..... .................................................................................$ Innovative Programs....................................................,..................$ Technology Grants..........................................................................$

111,694,382 0
(478,609,799)
121,582,778 3,577,440 0 1,000,000 19,087,834
100,000
94,675,025
2,100,000
23,177,937
888,439
1,975,000 30,701,113 113,396,789 23,095,897
6,441,255
6,199,846
2,308,820 12,176,827
3,386,952 1,066,000
0 3,084,680
366,540
9,100,965 4,556,416
816,645 3,763,992
78,000,000
16,787,825
10,026,258
11,701,897 1,000,000 1,000,000

FRIDAY, FEBRUARY 24, 1989

Limited English - Speaking Students Program ........................
Drug Free School (Federal) ............ Transition Program for Refugee.... Emergency Immigrant Education
Program......................................... Title II Math/Science Grant
(Federal) ........................................ 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 Special Services Professional
Standards Commission Professional
Practices Commission Local Programs Georgia Academy for
the Blind Georgia School for the Deaf Atlanta Area School
for the Deaf Total

$

3,819,540

$

15,626,348

$

1,109,908

$

23,103,313

$

19,355,592

$

4,176,704

$

281,277

$

546,883

$ 2,627,104,423

$

4,437,416

$

6,841,892

4,603,201 2,711,006,497

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..............................................

Section 18. Forestry Commission. Budget Unit: Forestry Commission .......... State Operations Budget:

1415

1,250,000 2,700,000
100,000
100,000
345,900
154,000 2,711,006,497
0 2,407,356,465

State Funds

$

3,291,972

$

8,416,723

$

1,069,915

$

18,031,631

$

18,713,930

$

2,758,717

$

281,277

$

546,883

$ 2,339,259,324

$

4,226,798

$

6,565,551

$

4,193,744

$ 2,407,356,465

0
968,000 125,000
8,000 0
7,000 289,000 124,000 32,000 718,000
0 0 2,271,000 0
34,994,000

1416

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......................................................$ 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....................................................................$

27,529,337 6,922,549
144,520 1,228,810 2,360,173
154,806 39,174 842,267 478,764 250,000
0
30,000
60,000 30,500 551,000 40,621,900 34,994,000

Forestry Commission Functional Budgets

Total Funds

State Funds

Reforestation Field Services Wood Energy General Administration
and Support Total

$

5,062,033

$

33,008,647

$

30,500

$

2,252,720

$

40,621,900

$

616,041

$

30,887,432

$

30,500

$

2,223,797

$

34,994,000

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.........................................................$

32,535,850
23,106,000 2,426,000
639,000 529,650 556,000 1,004,000 1,785,200 1,947,000 43,000 500,000
0 32,535,850 32,535,850

Georgia Bureau of Investigation Functional Budgets

Total Funds

State Funds

Administration Drug Enforcement Investigative
Georgia Crime Information Center

$

2,975,700

$

6,462,000

$

10,347,650

$

6,677,500

$

2,975,700

$

6,462,000

$

10,347,650

$

6,677,500

FRIDAY, FEBRUARY 24, 1989

1417

Forensic Sciences Total

$

6,073,000

$

32,535,850

6,073,000 32,535,850

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................... Juvenile Justice Grants .......................... Payments to Hazardous Waste
Management Authority...................... Total Funds Budgeted............................ State Funds Budgeted............................

19,777,598 9,018,730
476,338 185,775
0 55,834 148,637 648,661 210,395 32,017,776 2,869,258 40,000 2,500,000 162,000 2,750,000 331,600 50,000 40,000 900,000 100,000 1,262,925
125,000 53,892,929 19,777,598

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

5,571,258
821,948
4,474,114 3,813,150 2,167,898 32,371,022
328,623
632,701
688,920
1,511,722
1,393,474 0
118,099 53,892,929

5,571,258
751,948
4,474,114 3,296,150 2,167,898
315,581
139,063
632,701
446,590
470,722
1,393,474 0
118,099 19,777,598

1418

JOURNAL OF THE HOUSE,

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 .................................................$ State Funds Budgeted....................................................................$

452,931,171
55,414,764 3,182,795 1,507,950
0 225,230 2,391,243 5,136,644 1,115,306 2,568,280 329,440 1,221,961
0
116,700
8,893,100 12,596,000
236,000 35,614,845 130,550,258
0 61,621,104

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

771,073 1,795,199
326,408 1,744,098
0 5,087,138
554,906
509,726 1,651,125 5,215,469 2,032,754
524,000
12,596,000 486,128
9,087,446
813,435 2,481,709
818,811
3,973,605

771,073 1,393,692
326,408 1,698,795 (5,733,440) 3,555,443
554,906
509,726 1,651,125 5,215,469 2,032,754
524,000
12,003,358 141,615
736,086 2,471,709
484,910
1,128,504

FRIDAY, FEBRUARY 24, 1989

Compliance Monitoring Radiological Health Fraud and Abuse Child Support Recovery Support Services Aging Services State Health Planning
and Development Agency Total

413,294 827,918 5,624,333 22,039,463 11,109,667 38,768,172
1,298,381 130,550,258

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.................................................... 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

802,840 361,012 1,232,541 1,838,763 725,388 789,505
2,029,849 1,908,569
581,923
1,487,737
1,414,114

1419
413,294 612,543 278,404 3,345,713 11,109,667 15,146,969
1,248,381 61,621,104
45,759,922 54,330,776 1,178,855
0 419,603 614,432 902,210 701,940 3,538,066
0 101,555 624,000
4,936,795
2,055,000 7,456,223
400,000 2,766,470
2,291,549 518,060
66,256,784 11,417,888 6,400,500 212,670,628
0 124,048,279
State Funds
802,840 301,012 1,147,541 1,701,437 725,388 724,935
1,499,849 912,998 0
260,057
1,414,114

1420

JOURNAL OF THE HOUSE,

Family Health Management Infant and Child Health Maternal Health - Perinatal Family Planning Malnutrition Dental Health Children's Medical Services Chronic Disease Diabetes Cancer Control Environmental Health Laboratory Services Emergency Health District Health
Administration Newborn Follow-Up Care Sickle Cell, Vision
and Hearing High-Risk Pregnant
Women and Infants Grant in Aid to Counties Community Health Management Community Care Aids Total

11,377,378 10,436,941 2,655,059 10,782,234 55,779,663
1,742,829 12,063,355
1,405,655 687,808
4,012,737 968,603
5,128,283 2,921,856
10,157,321 899,203
3,451,790
4,414,448 53,987,000
495,233 2,952,259 3,178,732 212,670,628

5,424,846 9,280,148
901,997 5,954,394
0 1,532,654 9,829,293 1,405,655
687,808 3,951,335
479,831 5,008,283 1,861,356
10,157,321 708,938
2,961,790
4,414,448 47,311,112
389,948 1,171,722 1,125,229 124,048,279

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....................

63,503,460 9,849,338
803,163 119,000 351,573 1,728,383 2,902,171 1,420,350 4,440,877 977,500
0 425,050
242,500 16,157,000
52,000 609,000 6,635,900 110,217,265
0 22,876,045

Rehabilitation Services Functional Budgets

Total Funds

State Funds

Program Direction and Support
Grants Management State Rehabilitation
Facilities

3,672,974 690,631
7,917,233

1,369,165 552,125
1,583,447

FRIDAY, FEBRUARY 24, 1989

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

17,674,690
13,083,862 23,518,398
852,515 34,973,578
498,890 1,443,494 5,470,850
420,150 110,217,265

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

1,329,923 276,621,244
100 10,051,000
53,008,199
83,754,989
47,323,915
6,678,495 2,425,000
849,922 4,392,571 3,942,842 4,585,593

1421
4,332,682
617,587 0 0
7,529,930 293,890 706,219
5,470,850 420,150
22,876,045
14,318,519 1,517,729
398,244 0
146,816 14,766,000
226,365 1,156,500 5,300,480
9,100 1,461,435 287,148,267
192,482,248 47,192,489 3,442,000 2,260,000 571,826,192
0 244,385,743

State Funds

$

0

$ 104,393,676

$

100

$

0

$

8,621,902

$

41,804,957

$

22,588,482

$

6,678,495

$

0

$

849,922

$

3,692,478

$

3,942,842

$

2,139,213

1422

JOURNAL OF THE HOUSE,

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
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..................... 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 .............

17,514,513 2,375,549
0 2,318,389 2,000,000 19,986,700 2,877,500
791,500 3,319,700 18,365,300
158,000 776,500 1,141,500 3,385,598
1,851,650 571,826,192

9,338,112 2,375,549 (6,446,271) 1,908,631 2,000,000 13,361,111 2,363,073
619,059 2,394,758 15,865,300
158,000 776,500 1,113,431 2,920,598
925,825 244,385,743
178,996,665 68,880,638 3,888,212
119,000 1,143,222 19,500,058 9,167,390 4,394,096 15,847,703 1,316,040 3,210,001
0
4,936,795
2,055,000 7,456,223
624,000 400,000 2,766,470
2,291,549 518,060
66,256,784 8,893,100
59,788,489 16,157,000
52,000 287,148,267
192,482,248
359,200 10,687,500 55,928,633

FRIDAY, FEBRUARY 24, 1989

1423

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 Contract................................... Service Benefits for Children............................ Purchase of Service Contracts .......................... Total Funds Budgeted........................................ Indirect DOAS Services Funding ..................... State Funds Budgeted........................................

472,075,971
369,444,972 34,331,850
1,003,060 574,700
3,467,982 4,776,811
828,400 2,980,800 5,882,070 13,659,000
522,300 2,451,904
2,990,700
2,222,850
34,253,538
84,783,043
12,541,109
48,752,134 1,424,600 2,356,304 498,000
629,746,127 0
472,075,971

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

37,084,800 31,423,288
27,579,400 21,956,229
28,504,847
29,003,547 123,681,370
23,463,327
44,445,000
21,756,219

24,880,178 15,620,922 25,097,423 18,289,354 21,765,334 23,324,987 84,684,315
20,540,076 24,093,900
17,070,594

1424

JOURNAL OF THE HOUSE,

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

3,134,860
8,823,300
5,718,100
65,549,143 12,216,409
616,000 414,700 1,181,000
48,752,134 378,100
1,665,600
280,600 324,700
3,346,100
14,471,500
76,900 9,289,000
17,813,950 10,130,700 6,849,700 3,875,700 3,708,400 11,056,800 2,571,900
925,100 658,500 3,689,104
674,500
396,000
2,259,600 629,746,127

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..........................................................

2,979,860
8,732,180
3,025,432
37,813,143 11,453,486
601,754 414,700 1,181,000
38,523,098 378,100
1,411,500
280,600 324,700
3,346,100
14,471,500
76,900 8,258,681
17,399,950 9,761,600 6,778,000 3,757,800 3,607,300 11,056,800 2,571,900
925,100 658,500 3,589,104
674,500
396,000
2,259,600 472,075,971
18,202,426
7,220,559 1,683,941
349,445 34,880 72,287 134,342 635,968

FRIDAY, FEBRUARY 24, 1989

1425

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....................................................................!

252,450 297,370 230,000
5,401,184
2,745,000
80,000
25,000
50,000 35,000
0
53,000
25,000 0
19,325,426 18,202,426

Department of Industry and Trade Functional Budgets

Total Funds

State Funds

Administration Economic Development Tourism Total

!

6,512,658

!

4,964,060

!

7,848,708

!

19,325,426

!

5,702,658

!

4,791,060

$

7,708,708

$

18,202,426

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....................................................................!

10,694,749
9,530,046 517,900 309,000 139,900 30,200 413,900 515,100 207,600 50,500
11,714,146 10,694,749

Department of Insurance Functional Budgets

Total Funds

State Funds

Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile
Home Regulations Total

!

1,977,600

!

4,252,646

!

581,300

!

4,902,600

!

11,714,146

!

1,977,600

!

4,122,646

!

581,300

!

4,013,203

$

10,694,749

1426

JOURNAL OF THE HOUSE,

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..........................

Department of Labor Functional Budgets

Total Funds

Executive Offices Administrative Services Employment and Training
Services Total

7,913,025 16,199,190
117,769,330 141,881,545

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....................................................

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

6,316,491
58,587,198 6,455,700
830,400 0
450,109 3,540,150 1,305,727 1,423,695
63,102,011 889,999 0
1,774,078 3,522,478 141,881,545 6,316,491

State Funds

$

261,954

$

1,480,069

$

4,574,468

$

6,316,491

8,196,457
7,334,384 414,072 132,000 0 31,680 203,321 413,900 88,000 60,000 110,000
8,787,357 8,196,457

544,653,598
11,688,032 498,086 190,500 0 61,727
12,528,544 935,973 392,900
19,869,556

FRIDAY, FEBRUARY 24, 1989

1427

and Disallowances.......... Payments to Counties for
Mental Health................. Audit Contracts.................. Total Funds Budgeted....... State Funds Budgeted.......

1,500,100,707
29,684,864 772,500
1,576,723,389 544,653,598

Medical Assistance Functional Budgets

Total Funds

State Funds

Commissioner's Office Program Management Systems Management Administration Program Integrity Benefits, Penalties
and Disallowances Total

$

1,236,007

$

24,132,875

$

14,918,911

$

2,522,360

$

4,127,665

$ 1,529,785,571 $ 1,576,723,389

$

534,706

$

3,456,270

$

4,122,593

$

405,430

$

1,651,381

$ 534,483,218

$

544,653,598

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.............................................................. .......................$

0
6,920,231 1,021,388
71,000 54,270 2,845,767 754,119 87,000 42,004,735 482,058,513 535,817,023 9,047,319
526,695,960 73,744 0

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

$

2,452,243

$

1,097,351

$

1,179,170

$

1,256,597

$

13,274,638

$ 513,132,328

$

1,911,332

$

1,513,364

$ 535,817,023

Section 28. Department of Natural Resources. A. Budget Unit: Department of Natural
Resources.................................................. Operations Budget:

68,153,955

1428

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....... 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................................. Total Funds Budgeted..................... Receipts from Jekyll Island State Park Authority................... Receipts from Stone Mountain Memorial Association ..................

54,216,117 10,712,300
490,100 1,451,159 1,579,904
649,603 1,687,930 1,080,000 1,353,690
900,000 540,000
600,000
125,000
2,029,000
350,000 225,000 1,100,000 2,203,000
0
206,000 50,000
485,000
1,848,000
20,000
351,744 125,000 100,000
10,000
200,000 150,000
2,152,100 275,000
2,500,000 7,000 13,000
500,000 90,285,647
314,594
315,000

FRIDAY, FEBRUARY 24, 1989

1429

Indirect DOAS Funding.................................................................$ State Funds Budgeted....................................................................?

0 68,153,955

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

$

7,189,563

$

26,254,981

$

33,789,962

$

21,374,395

$

1,676,746

$

90,285,647

$

6,559,969

$

22,662,595

$

19,553,334

$

17,786,311

$

1,591,746

?

68,153,955

B. Budget Unit: Georgia Agricultural Exposition Authority ..........................................$
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
838,059 677,552
25,000 77,900 295,280 5,814 2,400 9,600 220,495
0 2,152,100
0

Functional Budgets

Total Funds

State Funds

Georgia Agricultural Exposition Authority

?

2,152,100

?

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....................................................................?

75,600,779
56,487,894 8,676,209
141,000 2,069,000
724,781 4,224,364
45,018 1,311,813
239,100 225,000
200,000 275,000 981,600 75,600,779
0 75,600,779

1430

JOURNAL OF THE HOUSE,

Public Safety Functional Budgets

Total Funds

Administration Driver Services Field Operations Total

$

15,918,160

$

15,583,980

$

44,098,639

$

75,600,779

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 Georgia Firefighters
Standards and Training Council Organized Crime Prevention Council Georgia Public Safety Training Facility Total

$

4,103,453

$

4,546,282

$

853,258

$

1,168,495

$

436,355

$

289,878

$

6,395,865

$

17,793,586

Section 30. Public School Employees' Retirement System.

State Funds

$

15,918,160

$

15,583,980

$

44,098,639

$

75,600,779

13,527,208
6,637,132 2,361,826
134,000 61,870 158,183 363,312 92,687 159,000 1,049,800 2,672,323
0 13,690,133 13,198,121
427,065 29,600 13,000 0 0 40,000 69,988 5,000 18,800
3,500,000 4,103,453
329,087

State Funds

$

322,075

$

4,546,282

$

833,258

$

1,088,495

$

436,355

$

289,878

$

6,010,865

$

13,527,208

FRIDAY, FEBRUARY 24, 1989

1431

Budget Unit: Public School Employees' Retirement System..................
Departmental Operations Budget: Payments to Employees' Retirement System........................................ Employer Contributions................................... Total Funds Budgeted...................................... State Funds Budgeted......................................

13,915,342
291,342 13,624,000 13,915,342 13,915,342

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......................................

7,547,760
6,115,454 397,378 244,460 59,491 153,148 331,000 288,369 114,800
1,250,000 8,954,100 7,547,760

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

$

1,546,644

$

2,996,871

$

4,410,585

$

8,954,100

1,546,644 1,713,671 4,287,445 7,547,760

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.........................................

720,439,250
754,497,699 110,000,000
201,753,911 125,000,000 10,000,000
340,820 372,545 300,000
0 0 0 1,202,264,975 29,000,000 235,000,000 217,825,725 0 720,439,250

1432

JOURNAL OF THE HOUSE,

B. Budget Unit: Regents Central Office and Other Organized Activities...............................................................!
Regents Central Office and Other Organized Activities Budget: Personal Services: Educ., Gen., and Dept. Svcs......................................................$ Sponsored Operations.................................................................$
Operating Expenses: Educ., Gen., and Dept. Svcs......................................................$ Sponsored Operations.................................................................!
Fire Ant and Environmental Toxicology Research ...................................................................$
Agricultural Research.....................................................................! Advanced Technology
Development Center...................................................................$
Capitation Contracts for Family Practice Residency.........................................................$
Residency Capitation Grants.........................................................$ Student Preceptorships ..................................................................$ Center for Rehabilitation
Technology ...................................................................................$ SREB Payments..............................................................................! Medical Scholarships......................................................................$ Regents Opportunity Grants.........................................................$ Regents Scholarships......................................................................! Rental Payments to Georgia
Military College..........................................................................,!
CRT Inc. Contract at Georgia Tech Research Institute .......................................................................$
Total Funds Budgeted....................................................................! Departmental Income.....................................................................! Sponsored Income...........................................................................! Other Funds.....................................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

140,687,732
184,723,138 62,160,402
83,595,517 29,260,707
717,218 1,061,925
1,311,000
2,655,750 2,506,660
158,000
702,352 12,521,000
789,750 600,000 200,000
818,346
211,000 386,210,650
0 91,421,109 150,031,809
0 140,687,732

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

1,846,849 3,563,365 1,511,804 111,792,593 6,587,656 49,501,131 48,139,251 130,364,109 2,898,021

$

1,161,141

$

1,500,047

!

916,104

!

12,307,318

!

2,119,356

!

33,040,354

$

32,612,551

!

28,364,109

!

2,898,021

FRIDAY, FEBRUARY 24, 1989

1433

Veterinary Medicine Teaching Hospital
Joint Board of Family Practice
Georgia Radiation Therapy Center
Athens and Tifton Veterinary Laboratories
Regents Central Office Total

$

2,332,835

$

5,677,548

$

1,947,105

$

2,374,707

$

20,145,886

$ 386,210,650

499,835
5,677,548
0
23,424 20,145,886 140,687,732

C. Budget Unit: Georgia Public Telecommunications Commission....................
Public Telecommunications Commission Budget: Personal Services....................................... Operating Expenses.................................. Total Funds Budgeted.............................. Other Funds............................................... State Funds Budgeted..............................

6,291,298
5,283,017 5,555,258 10,838,275 4,546,977 6,291,298

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..............................

70,024,337
43,793,076 3,692,600 1,339,000
105,600 461,892 7,964,608 2,676,452 718,000 215,050
1,904,000
1,430,000 2,750,000 2,974,059 70,024,337
0 70,024,337

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

4,451,323 9,787,623 2,934,865 14,976,017 7,894,010 14,952,699 6,189,999 4,374,466 4,463,335 70,024,337

4,451,323 9,787,623 2,934,865 14,976,017 7,894,010 14,952,699 6,189,999 4,374,466 4,463,335 70,024,337

1434

JOURNAL OF THE HOUSE,

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....................................................................$

21,145,797 13,574,045 2,721,900
235,200 146,403 122,756 738,842 2,242,319 274,476 589,846 500,000 21,145,797 21,145,797

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

$

2,909,429

$

4,957,780

$

4,254,727

$

1,158,484

$

909,735

$

188,021

$

6,767,621

$

21,145,797

$

2,909,429

$

4,957,780

$

4,254,727

$

1,158,484

$

909,735

$

188,021

$

6,767,621

$

21,145,797

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

$

40,500

$

216,474

$

113,000

$

251,417

$

800

$

3,397

$

5,750

$

48,597

$

23,380

$

165,726

$

28,500

$

122,250

$

122,500

$

637,275

$

49,500

$

896,635

$

63,750

$

306,785

$

10,000

$

18,144

$

88,300

$

391,463

$

3,800

$

29,406

$

26,000

$

188,170

$

6,800

$

16,994

$

8,500

$

21,671

FRIDAY, FEBRUARY 24, 1989

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............................

21,600 3,965
16,000 115,000 16,000 79,000 10,500 20,000 10,000 84,500 17,000
7,500 7,000 55,500 15,000 21,500 8,500 7,500 15,000
13,850 45,000
12,100 1,200,595

1435
31,217
20,966
113,073
1,193,058
41,555 1,081,927
38,664
47,369 18,900 541,543 70,530 21,129 30,669
592,702
315,722
59,859 21,048
29,894
203,990
49,920 81,987
182,652 8,114,358
1,515,168
845,449 139,235 12,000 16,734 10,330 234,920 108,500 47,000 101,000 1,515,168 1,515,168

1436

JOURNAL OF THE HOUSE,

Real Estate Commission Functional Budget

State Funds

Cost of Operations

Real Estate Commission

$

1,515,168

$

1,555,168

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....................................................................$

1,742,371
802,158 114,225 55,000
0 10,497 6,635 44,660 15,500 227,300 466,396 1,742,371 1,742,371

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....................................................................!

19,909,394
3,905,774 382,100 57,000 0 19,395 285,000 125,000 17,500 381,625
3,810,000 12,978,227 5,020,320
42,000
108,000 200,000
407,000
454,300 28,193,241 19,909,394

Georgia Student Finance Commission Functional Budgets

Total Funds

State Funds

Internal Administration
Higher Education Assistance Corporation
Georgia Student Finance Authority
Total

$

4,791,769

$

381,625

$

23,019,847

$

28,193,241

$

0

$

381,625

$

19,527,769

$

19,909,394

FRIDAY, FEBRUARY 24, 1989

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............................. 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

$

7,020,274

$121,979,018

$ 128,999,292

Section 39. Department of Transportation.
Budget Unit: Department of Transportation ................................
For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance,

1437
3,677,500
2,664,000 271,212 26,000 14,275 391,516 309,375 87,500
336,000
2,800,000
877,500
0 7,777,378 3,677,500

114,648,835
3,332,560 311,213 105,000 0 25,100
1,803,216 380,000 56,185
1,007,000 71,476,471 11,097,793
0 4,784,000 26,297,539 2,669,535 5,653,680 128,999,292 114,648,835

State Funds

$

5,150,619

$109,498,216

$ 114,648,835

481,410,285

1438

JOURNAL OF THE HOUSE,

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....................................................................?

204,646,894 52,793,200
1,662,000 1,020,000 5,086,095 4,251,229 1,357,789 1,940,274 9,235,041 453,731,422 9,317,013 9,317,000
1,250,000
1,270,000 10,395,426
1,263,500
0 45,741,427 814,278,310 481,410,285

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

$ 537,497,392

$ 211,515,955

$

8,209,064

$

9,317,013

$

19,770,015

$ 786,309,439

$ 236,584,671

$

200,439,337

$

7,548,964

$

9,317,013

$

19,110,015

$ 473,000,000

General Funds Budget

Total Funds

State Funds

Grants to Municipalities Paving at State and
Local Schools and State Institutions Air Transportation Inter-Modal Transfer Facilities Harbor Maintenance Activities Maintenance and Betterments Total

$

9,317,000

750,000 1,654,274
14,984,097
1,263,500 0
27,968,871

$

317,000

750,000 1,154,274
4,925,511
1,263,500 0
8,410,285

Section 40. Department of Veterans Service. Budget Unit: Department of Veterans
Service ................................................... Departmental Operations Budget:
Personal Services..........................................................

19,032,981 4,524,537

FRIDAY, FEBRUARY 24, 1989

1439

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...................

111,080 89,000
0 67,100 6,500 223,102 60,000 16,700
0
12,428,613
5,538,200
259,000 23,323,832 19,032,981

Veterans Service Functional Budgets

Total Funds

State Funds

Veterans Assistance Veterans Home and Nursing
Facility - Milledgeville Veterans Nursing
Home - Augusta Total

5,047,419
12,629,213
5,647,200 23,323,832

4,819,611
9,898,170
4,315,200 19,032,981

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....................................................................$

7,693,502
6,163,932 297,625 65,250 0 21,715 328,305 608,000 103,695 179,980
7,768,502 7,693,502

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)...........................................$

300,744,292 24,956,850

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

1440

JOURNAL OF THE HOUSE,

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 Judicial Education. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 48. Provisions Relative to Section 8, Judicial Council. The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court reporting of the Judicial Council, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.
Section 49. Provisions Relative to Section 16, State Board of Education - Department of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,425.10. 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 $600,000 for FY 1990.
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.
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

FRIDAY, FEBRUARY 24, 1989

1441

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 1990 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 1990 that it contributed during SFY 1989.
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 50. 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 65.37% 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 $ 229
347 414 488 559 606 656 696 733 784 839

Maximum Monthly Amount $ 150 227 271 319 365 396 429 455 479 513 548

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 51. Provisions Relative to Section 27, Merit System of Personnel Administration. The Department is authorized to assess no more than $158.21 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 1990 shall not exceed ten and one-quarter percent (10.25 fV).

Section 52. 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

1442

JOURNAL OF THE HOUSE,

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 53. 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 54. Provisions Relative to Section 32, Board of Regents, University System of Georgia. The Board of Regents is authorized to transfer other object class surpluses to Capital Outlay and Equipment Purchases without approval of the Office of Planning and Budget or the Fiscal Affairs Subcommittees.
Section 55. Provisions Relative to Section 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 56. 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 57. Provisions Relative to Section 39, Department of Transportation. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less 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.

FRIDAY, FEBRUARY 24, 1989

1443

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 58. In addition to all other appropriations for the State fiscal year ending June 30, 1990, 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 $8,070,000 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 ($7,950,000 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 59. 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 60. 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 61. 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 62. 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 63. 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.

1444

JOURNAL OF THE HOUSE,

Section 64. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 65. 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 66. 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 67. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1989 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.
Section 68. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object 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

FRIDAY, FEBRUARY 24, 1989

1445

such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.

Section 69. 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 70. 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

Equipment and Furnishings at Southeastern Technical Institute
Equipment for Hayes Correctional Institute
Equipment for High School Vocational Laboratories

2,415,000 2,000,000 1,440,000

579,600 480,000 345,600

B.) Maturities not to exceed two-hundred forty months:

Project/Purpose

Principal Amount

Debt Service

Game and Fish Land Acquisition Public Library Construction Regional Reservoir Land
Acquisition Telfair C.I. Support Facilities Buford C.I. Support Facilities Atlanta Advancement Center
Renovation and Department of Corrections Gateway Diversion Center Replacement of Steam Systems at Central State Hospital Replacement of Steam Systems at Northwest Regional Hospital Construction of a Secure Treatment and Detention Center at Milledgeville YDC Local School Construction Advanced Incentive Funding for Local School Construction Specialized Care Unit at Medical College of Georgia Hazardous Waste Dump Construction of Facilities at Alto C.I.

15,000,000 14,090,000 6,000,000 3,555,000 2,650,000
2,555,000 2,080,000 2,000,000
1,835,000 73,215,000
40,000,000
37,000,000 1,000,000 13,125,000

1,650,000 1,550,000
660,000 391,050 291,500
281,050 228,800 220,000
201,850 8,053,650
4,400,000 4,070,000
110,000 1,443,750

Section 71. Delayed Hiring Factor by Department.

1446

JOURNAL OF THE HOUSE,

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

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

Section 72. Adjustment to Salaries and Benefits. In addition to all other appropriations for the State Fiscal Year ending June 30, 1990, there is hereby appropriated $60,374,058 for the purposes described herein: 1.) $1,725,000 is appropriated for two 1.5 f < cost-of-living adjustments for retired members of the Employee Retirement System; 2.) $7,240,000 for an increase in the State Health Benefit Plan employee contribution rate of A'", (5.9% to 6.3%) for teachers; 3.) $25,316,058 for 2.25% of the 10.25% employee contribution to the State Health Benefit Plan for State agencies; and 4.) $26,093,000 for the State's contribution to the School Service Personnel State Health Benefit Plan and the Prior Retired Teachers Health Benefit Plan.

Section 73. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 1990 ....................................................................................$ 6,720,000,000

Section 74. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 75. 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 145, 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 145 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute.

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 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 Y Birdsong

Y Bishop Y Bostick
Y Branch Y Breedlove Y Brooks

FRIDAY, FEBRUARY 24, 1989

1447

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 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 Under
Long 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 NOrr
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 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 N 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 166, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, HB 145, by substitute, was ordered immediately transmitted to the Senate.

Representative Orrock of the 30th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

The following Resolution of the House was read and adopted:

HR 351. By Representatives Greene of the 130th and many, many others: A resolution expressing sympathy at the passing of Honorable Walter E. Cox.

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 195. By Senators Kennedy of the 4th and Allgood of the 22nd: A resolution relative to adjournment.

The following Resolution of the Senate was read:

SR 195. By Senators Kennedy of the 4th and Allgood of the 22nd

1448

JOURNAL OF THE HOUSE,

A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly adjourn at 5:00 P.M. on Friday, February 24, 1989, and reconvene at 10:00 A.M. on Monday, February 27, 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
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
Brooks Brown Buck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B

Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell
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 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
Long 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
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

On the adoption of the Resolution, the ayes were 166, nays 0. The Resolution was adopted.

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 Y Ware Y Watson Y Watts
Y White 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 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.

The following Committee substitute was read and adopted:

FRIDAY, FEBRUARY 24, 1989

1449

A BILL
To amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions on insurance, so as to provide that applications by Georgia residents and evidence of insurance coverage issued to Georgia residents shall contain certain information regarding benefits, coverages, and reimbursements; to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that certain benefits, coverages, and reimbursements required in certain types of policies shall be applicable regardless of whether issued by an insurer pursuant to Chapter 15, 18, 19, 20, 21, 29, or 30 of Title 33; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions on insurance, is amended by adding immediately following Code Section 33-1-14, relating to the regulation of certain persons providing coverage for medical or dental services, a new Code section, to be designated Code Section 33-1-14.1, to read as follows:
"33-1-14.1. If a policy of group accident and sickness insurance coverage is issued, delivered, or issued for delivery to a master policyholder of a trust or trusteed group policy outside this state but provides coverage to a Georgia resident through a certificate or any other evidence of insurance coverage, each application made by or on behalf of a Georgia resident and each certificate or other evidence of insurance coverage issued or delivered to a Georgia resident shall have printed thereon or affixed thereto, in boldface type and contrasting colors as specified by the Commissioner, a notice which is substantially similar to the following:
'_________________________________________ (fill in one of the following: "THIS POLICY THAT YOU ARE APPLYING FOR," "THIS CERTIFICATE," OR "THIS EVIDENCE OF INSURANCE COVERAGE") PROVIDES COVERAGE UNDER A GROUP MASTER POLICY ISSUED TO AN OUTOF-STATE TRUST. THE COVERAGE PROVIDED UNDER THIS OUT-OF-STATE POLICY MAY NOT PROVIDE ALL OF THE BENEFITS OR PROTECTIONS CONTAINED IN A POLICY ISSUED, DELIVERED, OR ISSUED FOR DELIVERY IN GEORGIA. YOU MAY RECEIVE ALL OF THE BENEFITS AND PROTECTIONS PROVIDED UNDER GEORGIA LAW BY PURCHASING COVERAGE UNDER A POLICY ISSUED, DELIVERED, OR ISSUED FOR DELIVERY IN GEORGIA WHICH WILL BE GOVERNED BY ALL OF THE LAWS OF GEORGIA.'"
Section 2. Chapter 24 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding immediately following Code Section 33-24-19, relating to the incorporation of charters and bylaws of insurers in policies, and before Code Section 33-24-20, relating to provisions in accident and sickness insurance policies for termination of coverage of a surviving spouse, a new Code section, to be designated Code Section 33-24-19.1, to read as follows:
"33-24-19.1. Notwithstanding any provision of Code Section 33-24-21, 33-24-21.1, 33-24-22, 33-24-23, 33-24-24, 33-24-25, 33-24-26, 33-24-27, 33-24-27.1, 33-24-28, or 33-30-7 which might be construed to the contrary, the provisions of the above-stated Code sections requiring certain benefits, coverages, or reimbursements in certain types of accident and sickness insurance policies or contracts shall only apply to such policies or contracts issued, delivered, or issued for delivery in this state by an insurer pursuant to Chapter 15, 18, 19, 20, 21, 29, or 30 of this title and to certificates or other evidences of coverage thereunder."
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 substituutteo, \w\raaas aargrrroecei/d^ fton.

1450

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 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 Birdsong Bishop Y Bostick Y Branch Y Breedlove Brooks Brown Buck Y Buford YByrd Y Carrell Carter Y Chambless Y Chance Cheeks Y Childers Y Clark.B

Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings.B 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
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
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 Y Meadows
Milam Mobley Y Moody Y Moore Y Morton 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 Y Rainey Y Randall Y Ransom YRay Y Reaves Y Redding Richardson Y Ricketson Robinson Y Royal Y Selman Y Simpson

Y Sinkfield Y Smith.L
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 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
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 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.

The report of the Committee, which was favorable to the passage of 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 Y Balkcom

Y Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett.M
Beck Benefield
YBenn Birdsong
Y Bishop Bostick

Y Branch Y Breedlove
Brooks Brown Buck 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
Colwell Y 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 Y Dover

FRIDAY, FEBRUARY 24, 1989

1451

Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster YGodbee Y Goodwin
Green Y Greene YGresham
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 Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Lane.D
Y Lane.R Langford
Y Lawrence Y Lawson Y Lee Y Linder
Long Y Lord
Lucas
Y Lupton
Y Mangum
Y Martin
Y McCoy

Y McDonald Y McKelvey Y McKinney.B Y McKinney.C
Meadows 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 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
Ricketson 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 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 Williams.B
Y Williams,J
Y Yates
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.

Pursuant to SR 195, adopted by the House and Senate, the House adjourned until 10:00 o'clock A.M., Monday, February 27, 1989.

1452

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, February 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 Cal Davis, Pastor, Oak Grove Baptist Church, Gainesville, Georgia.
Representative Balkcom of the 140th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 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 965. By Representative Greene of the 130th: A bill to create a board of commissioners of Webster County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 966. By Representative Mobley of the 64th: A bill to amend an Act creating a new charter for the City of Auburn, so as to provide a new charter for the City of Auburn.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 967. By Representative Meadows of the 91st: A bill to amend an Act incorporating the City of Manchester, so as to change the name of the city governing authority.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, FEBRUARY 27, 1989

1453

HB 968. By Representative Carrell of the 65th:
A bill to amend an Act reincorporating the City of Monroe in the County of Walton, so as to change certain provisions relative to the membership of the Water, Light, and Gas Commission; to change certain terms of the members of such commission.
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 969. 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 providing an annual salary for the coroner of Muscogee County in lieu of the fee system of compensation, so as to change the compensation of the coroner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 970. By Representatives Howren of the 20th, Gresham of the 21st, Vaughan of the 20th, Ehrhart of the 20th, Thompson 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 sheriff, the chief deputy sheriff, the chief investigator, and the executive secretary to the sheriff.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 971. By Representatives Gresham of the 21st, Atkins of the 21st, Vaughan of the 20th, Ehrhart of the 20th, Howren of the 20th and others:
A bill to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, so as to change the compensation of the tax commissioner, the chief clerk, and the executive secretary.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 972. By Representative Carter of the 146th: A bill to amend an Act establishing a new charter for the Town of Sparks.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 973. By Representatives Royal of the 144th and Powell of the 145th:
A bill to authorize the governing authority of Colquitt 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.

1454

JOURNAL OF THE HOUSE,

HB 974. By Representatives Griffin of the 6th, Foster of the 6th, Meadows of the 91st and Barnett of the 59th:
A bill to amend Code Section 31-3-4 of the Official Code of Georgia Annotated, relating to powers of county boards of health, so as to authorize county boards of health to establish and enforce standards for certain facilities primarily providing inpatient treatment to terminally ill persons who have communicable diseases.
Referred to the Committee on Health & Ecology.

HB 975. By Representatives Ransom of the 90th, Gresham of the 21st and Ehrhart of the 20th:
A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to make it unlawful for any student in grades kindergarten through 12 of any public or private school to use or possess tobacco or any tobacco related product on the premises of any such school.
Referred to the Committee on Health & Ecology.

HB 976. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to provide that Clayton County shall have and be authorized to exercise all redevelopment and other powers authorized or granted to political subdivisions pursuant to the "Redevelopment Powers Law"; to provide for certain such powers.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 977. By Representatives Ehrhart of the 20th, Vaughan of the 20th, Howren of the 20th, Gresham of the 21st, Atkins of the 21st and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relative to the supplement of the district attorney and the compensation of the chief assistant district attorney and assistant district attorneys.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 978. By Representative Morton of the 47th:
A bill to amend Code Section 7-5-4 of the Official Code of Georgia Annotated, relating to credit card charges and fees, so as to provide that a fee for making a cash advance pursuant to a revolving loan account may not exceed a certain amount.
Referred to the Committee on Banks & Banking.

HB 979. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act placing the sheriff, probate judge, clerk of the superior court, and tax commissioner of Henry County on an annual salary, so as to change the compensation of said officers.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, FEBRUARY 27, 1989

1455

HB 980. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act entitled "An Act to amend an Act providing a new board of commissioners of Henry County, so as to provide for a chairman of the board of commissioners of Henry County to be elected by the voters of Henry County voting on a county-wide basis; and for other purposes;" so as to change the date of election.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 981. By Representatives Stephens of the 68th, Thurmond of the 67th, Irwin of the 13th and Clark of the 13th:
A bill to amend an Act providing a new charter for the City of Athens in Clarke County, so as to authorize the city to have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the "Redevelopment Powers Law," as now or hereafter amended, and provide for certain such powers.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 982. By Representatives Isakson of the 21st, Howren of the 20th, Aiken of the 21st, Atkins of the 21st, Clark of the 20th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relating to the supplement to be paid to each of the judges of the superior court of said circuit.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 983. By Representatives Isakson of the 21st, Howren of the 20th, Aiken of the 21st, Atkins of the 21st, Clark 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 provisions relating to the compensation of the clerk of the superior court and the deputy clerk of the superior court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 984. By Representative Chance of the 129th:
A bill to provide a $10,000.00 homestead exemption from ad valorem taxes of the Town of Rincon, Georgia, for individuals 65 years of age or older.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 985. By Representatives Wilder of the 21st, Aiken of the 21st, Atkins of the 21st, Clark of the 20th, Howren of the 20th and others:
A bill to amend an Act creating the board of commissioners of Cobb County, so as to authorize the county manager to remove from office or employment certain department heads.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 354. By Representative Heard of the 43rd: A resolution creating the Cable TV Study Committee.
Referred to the Committee on Rules.

1456

JOURNAL OF THE HOUSE,

HR 365. By Representatives Royal of the 144th, Powell of the 145th, Reaves of the 147th, Long of the 142nd and Greene of the 130th:
A resolution creating the Drug Abuse and Drug Trafficking Study Committee.
Referred to the Committee on Rules.

HR 366. By Representatives Dover of the llth and Jamieson of the llth:
A resolution commending James Randolph Reeves and designating the J. R. Reeves Bridge.
Referred to the Committee on Transportation.

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

HB 951
HB 952 HB 953 HB 954

HB 962
HB 963 HB 964 HR 349

HM HRBB q99O5tfD7i HB 958 HB 959 HB 960 HB 961

H HOrR> 32n56an72 bt5 6M SB 329 SB 334 SB 365

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 897 Do Pass HB 918 Do Pass HB 919 Do Pass HB 921 Do Pass HB 929 Do Pass

HB 942 Do Pass HB 944 Do Pass HB 945 Do Pass HB 948 Do Pass HB 950 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 27, 1989
Mr. Speaker and Members of the House:
The House Committee on Rules has fixed the calendar for this 32nd Legislative Day as enumerated below:
HB 128 School-Crossing Guards: Traffic Regulation

MONDAY, FEBRUARY 27, 1989

1457

HB 272 HB 324 HB 357 HB 409 HB 415 HB 529 HB 590 HB 600 HB 631 HB 677 HB 724 HB 817 HB 853 HB 895 HB 898

Coastal Marshlands: Construction of Marinas: Leasing Requirements Colleges: Campus Police: Speed Detection Devices Estates: Certain Powers of Administrator Uniform Rules Of The Road: Funeral Procession QBE: Isolated Schools Grants: Continuation State Government: Use of Great Seal: Prohibitions Driver's License: Deposit in Lieu of Bail: Certain Cases Conditioned Air Contractor: Licensing Local Governments: Bonds: Investment of Proceeds Education: School Social Workers: Employment State Employees: Benefits: Definition of Full-Time Consent for Surgical and Diagnostic Procedures: Time NE Georgia Surface and Air Transportation Commission: Create Civil Actions: Medical Malpractice: Tolling of Limitations Mortgages: Cancellation of Security Deeds: Recording Procedures

HR 317 Joint Evidence Study Committee: Create

SB 39 Mental Retardation: Screening Newborns for Certain Disorder SB 75 Superior Court Judges Retirement: Employee Contribution SB 84 Soil & Water Cons. Comm: Remove From Certain Rule-Making Process

SR 39 William A. Ridley Bridge: Designate

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 were taken up for consideration and read the third time:

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.

The report of the Committee, which was favorable to the passage of 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 Athon
Y Atkins Bailey
Y Baker Y Balkcom
Bannister Y Barfoot
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
Chance Y Cheeks

Y Childers Clark.B
Y Clark.H
Clark.L
Y 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 Edwards
Y Ehrhart Felton Fennel
Y Floyd Y Foster Y Godbee
Goodwin Y Green
Greene Y Gresham Y Griffin

Groover Y Hamilton
Banner
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

1458

JOURNAL OF THE HOUSE,

Y Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore
Kingston Lane,D Lane.R Y Longford Y Lawrence Y Lawson YLee Linder Long Y Lord Lucas Y Lupton Mangum 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 Y Pannell

Y Parham Y Parrish Y Patten Y Pettit Y Pinkston
YPoag Y Porter Y Poston Y Powell
Y Rainey Randall
Ransom YRay Y Reaves Y Redding Y Richardson
Ricketson Y Robinson
Royal

Y Selman Simpson Sinkfield 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 Y White
Wilder Y Williams.B Y Williams.J
Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 125, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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.

The report of the Committee, which was favorable to the passage of 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 Athon Y Atkins Bailey
Y Baker Y Balkcom
Bannister Y Barfoot
Bargeron
Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn Y Birdsong
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 Clark.L
Y 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 Edwards
Y Ehrhart Felton Fennel
Y Floyd Y Foster
Y Godbee Good win
Y Green 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 Isakson
Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore
Kingston Lane.D Lane.R
Y Langford Y Lawrence Y Lawson YLee
Linder Long YLord Lucas Y Lupton Mangum 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 Y Pannell
Y Parham Y Parrish Y Patten Y Pettit Y Pinkston
YPoag Y Porter Y Poston Y Powell
Y Rainey Randall
Ransom
YRay Y Reaves
Y Redding Y Richardson
Ricketson Y Robinson
Royal Y Selman
Simpson

Sinkfield 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 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 Y White
Wilder Y Williams.B Y Williams.J
Y Yates Y Yeargin
Murphy.Spkr

MONDAY, FEBRUARY 27, 1989

1459

On the passage of the Bill, the ayes were 125, nays 0. The Bill, having received the requisite constitutional majority, was passed.
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.
The report of the Committee, which was favorable to the passage of 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 Athon
Y Atkins Bailey
Y Baker Y Balkcom
Bannister Y Barfoot
Bargeron Y Barnett.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
Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers
Clark.B

Y Clark.H Clark.L
Y Colbert Y Coleman Y Colwell Y Connell Y Couch
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
Edwards Y Ehrhart
Felton Fennel Y Floyd Y Foster Y Godbee
Good win Y Green
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
Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston Lane.D Lane.R Y Langford Y Lawrence Y Lavvson YLee Linder
Long Y Lord
Lucas
Y Lupton Mangum 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 Y Pannell Y Parham Y Parrish
Y Patten Y Pettit Y Pinkston YPoag Y Porter
Y Poston Y Powell Y Rainey
Randall Ransom
YRay Y Reaves
Y Redding Y Richardson
Ricketson Y Robinson
Royal
Y Selman Simpson

On the passage of the Bill, the ayes were 125, nays 0. The Bill, having received the requisite constitutional majority, wt

Sinkfield 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
Y White Wilder
Y Williams.B Y WiIliams,J Y Yates Y Yeargin
Murphy.Spkr

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.

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

Athon Y Atkins
Bailey

Y Baker Y Balkcom
Bannister

Y Barfoot Bargeron
Y Barnett.B

1460
Y Barnett,M YBeck Y Benefield
Benn Y Birdsong
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
Clark.L Y Colbert Y Coleman Y Colwell Y Connell Y Couch
Cox Crawford
Crosby Y Cummings.B
Cummings.M

JOURNAL OP THE HOUSE,

Y Davis.C Davis.G
Y Davis.M Dixon.H
Y Dixon,S Y Dobbs Y Dover YDunn
Edwards
Y Ehrhart Felton Fennel
Y Floyd Y Foster Y Godbee
Good win
Y Green 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 Isakson
Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston Lane.D Lane.R Y Langford Y Lawrence Y Lawson Vi TLineoe Linder Long YLord Lucas Y Lupton Mangum 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
Y Orr Y Orrock
Y Padgett
Y Pannell
Y Parham
Y Parrish
Y Patten Y Pettit
Y Pinkston
YPoag
Y Porter
YPoston Y Powell Y Rainey
Randall Ransom YRay Y Reaves Y Redding Y Richardson Ricketson Y Robinson Royal Y Selman Simpson Sinkfield 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
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 125, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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.

The report of the Committee, which was favorable to the passage of 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 Athon
Y Atkins Bailey
Y Baker Y Balkcom
Bannister Y Barfoot
Bargeron Y Barnett,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 Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers
Clark.B Y Clark.H
Clark.L Y Colbert Y Coleman Y Cohvell 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
Edwards Y Ehrhart
Felton Fennel Y Floyd Y Foster YGodbee Good win Y Green 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
Kingston Lane,D Lane.R Y Langford Y Lawrence Y Lawson YLee Linder Long YLord

Lucas Y Lupton
Mangum 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 Y Pannell Y Parham Y Parrish

MONDAY, FEBRUARY 27, 1989

1461

Y Patten
Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey
Randall Ransom YRay

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

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 Y White
Wilder
Y Williams.B Y Williams,J Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 125, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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.

The report of the Committee, which was favorable to the passage of 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
Athon Y Atkins
Bailey Y Baker Y Balkcom
Bannister Y Barfoot
Bargeron Y Barnett,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 Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers
Clark.B

Y Clark.H Clark.L
Y Colbert Y Coleman Y Colwell Y Connell Y Couch
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 YDunn
Edwards Y Ehrhart
Felton Fennel
Y Floyd Y Foster Y God bee
Good win Y Green
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
Kingston Lane,D
Lane,R Y Langford Y Lawrence Y Lawson YLee
Linder
Long YLord
Lucas Y Lupton
Mangum Martin
YMcCoy 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 Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey
Randall Ransom YRay Y Reaves Y Redding Y Richardson Ricketson
Y Robinson Royal
Y Selman Simpson

Sinkfield 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
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 Y White Wilder Y Williams.B
Y Williams,J Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 125, nays 0. The Bill, having received the requisite constitutional majority, was passed.

1462

JOURNAL OF THE HOUSE,

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.

The report of the Committee, which was favorable to the passage of 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
Athon Y Atkins
Bailey Y Baker Y Balkcom
Bannister
Y Barfoot Bargeron
Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn Y Birdsong
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 Clark.L
Y 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
Edwards Y Ehrhart
Felton Fennel
Y Floyd Y Foster Y Godbee
Goodwin Y Green
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
Kingston Lane.D Lane.R Y Langford Y Lawrence Y Lawson
YLee Linder Long
YLord Lucas
Y Lupton Mangum 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 Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey
Randall Ransom
YRay Y Reaves Y Redding Y Richardson
Ricketson Y Robinson
Royal Y Selman
Simpson

Sinkfield 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 Y White
Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 125, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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.

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

Athon Y Atkins
Bailey

Y Baker Y Balkcom
Bannister

Y Barfoot Bargeron
Y Barnett,B

MONDAY, FEBRUARY 27, 1989

1463

Y Barnett,M YBeck Y Benefield
Benn Y Birdsong
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 Clark.L
Y 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 YDunn
Edwards
Y Ehrhart Felton Fennel
Y Floyd
Y Foster Y Godbee
Goodwin Y Green
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
Kingston Lane.D Lane.R Y Langford
Y Lawrence Y Lawson YLee
Linder Long YLord
Lucas
Y Lupton
Mangum
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
Y Pannell Y Parham Y Parrish
Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey
Randall Ransom YRay Y Reaves Y Redding
Y Richardson Ricketson
Y Robinson Royal
Y Selman Simpson Sinkfield 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 Y White
Wilder Y Williams.B Y WiIliams,J Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 125, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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.

The report of the Committee, which was favorable to the passage of 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 Athon
Y Atkins Bailey
Y Baker Y Balkcom
Bannister Y Barfoot
Bargeron Y Barnett.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
Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers
Clark.B
Y Clark.H Clark.L
Y Colbert Y Coleman Y Colwell Y Connell Y Couch
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 Edwards
Y Ehrhart Felton Fennel
Y Floyd Y Foster Y Godbee
Goodwin Y Green
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
Isakson Y Jackson,J Y Jackson.W
Y Jamieson Y Jenkins Y Johnson

Y Jones Y Kilgore
Kingston Lane.D Lane.R Y Langford Y Lawrence Y Lawson YLee
Linder
Long
YLord Lucas
Y Lupton
Mangum Martin Y McCoy Y McDonald Y McKelvey McKinney.B Y McKinney.C Y Meadows

1464

JOURNAL OF THE HOUSE,

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

Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey
Randall
Ransom
YRay Y Reaves
Y Redding

Y Richardson
Ricketson Y Robinson
Royal Y Selman
Simpson
Sinkfield 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 Y White
Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 125, 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 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.

The report of the Committee, which was favorable to the passage of 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
Athon Y Atkins
Bailey Y Baker Y Balkcom
Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett,M YBeck 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
Chance Y Cheeks Y Childers
Clark.B

Y Clark.H Clark.L
Y 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
Edwards Y Ehrhart
Felton Fennel
Y Floyd Y Foster Y Godbee
Good win
Y Green 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
Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston Lane.D Lane.R Y Langford Y Lawrence Y Lawson
YLee Linder Long
YLord Lucas
Y Lupton Mangum 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 Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston
YPoag Y Porter Y Poston Y Powell Y Rainey
Randall Ransom YRay Y Reaves Y Redding
Y Richardson Ricketson
Y Robinson Royal
Y Selman Simpson

Sinkfield 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 Y White
Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin
Murphy.Spkr

MONDAY, FEBRUARY 27, 1989

1465

On the passage of the Bill, the ayes were 125, 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 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.

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.

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.

HB 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.

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.

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.

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.

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.

1466

JOURNAL OF THE HOUSE,

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.

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.

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.

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.

SB 164. By Senator Fincher of the 54th:
A bill to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to change certain definitions.

SB 313. By Senator Barnes of the 33rd:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a statement of legislative findings; to provide for definitions; to provide for a program of voluntary vaccinations for firemen and emergency medical technicians; to provide for the costs of such vaccinations; to provide an effective date.

SB 318. By Senator Garner of the 30th:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to post-mortem examinations, so as to authorize a medical examiner to have a body embalmed to avoid the threat of infectious disease prior to release of the body to the next of kin; to authorize a coroner, medical examiner, or peace officer to take anatomical specimens and to test or examine specimens or articles as may be necessary or useful in determining cause of death.

SB 319. By Senator Garner of the 30th:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to post-mortem examinations, so as to change certain fees which the medical examiner is entitled to for performing certain examinations; to change certain provisions relating to reports of post-mortem examinations and investigations; to repeal certain provisions providing fees for peace officers.

SB 324. By Senator Allgood of the 22nd:
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.

MONDAY, FEBRUARY 27, 1989

1467

SB 335. By Senator Tate of the 38th:
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, as amended, so as to provide for additional penalties to be imposed in traffic cases and upon violations of bonds.

SB 343. By Senator Kidd of the 25th:
A bill to amend Chapter 20 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Hearing Aid Dealers and Dispensers Act," so as to change certain provisions relating to examinations; to change the provisions relating to when an apprentice dispenser's permit shall be issued.

SB 347. By Senator Allgood of the 22nd:
A bill to amend Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to certain chemical tests administered to determine the alcoholic or drug content of certain persons who operate motor vehicles, so as to require that such chemical tests be administered as soon as possible to any person who operates a motor vehicle upon the highways or elsewhere throughout this state who is involved in any traffic accident.

SB 363. By Senators Tate of the 38th and Langford of the 35th:
A bill to amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States decennial census of 1960 or any future such census, as amended, so as to provide funds for constructing, operating, and staffing city jails, city correctional institutions, and city detention facilities.

SB 364. By Senator Tate of the 38th:
A bill to amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to provide an effective date of certain compensation increases for municipal officers and employees; to provide for intent; to provide an effective date.

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.

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.

1468

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.

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.

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.

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.

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

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.

SR 188. By Senator Fincher of the 54th: A resolution commending Ms. Bernice B. Spigel.

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

MONDAY, FEBRUARY 27, 1989

1469

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.

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

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.

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.

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.

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.

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

1470

JOURNAL OF THE HOUSE,

SB 164. By Senator Fincher of the 54th:
A bill to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to change certain definitions.
Referred to the Committee on Motor Vehicles.

SB 313. By Senator Barnes of the 33rd:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a statement of legislative findings; to provide for definitions; to provide for a program of voluntary vaccinations for firemen and emergency medical technicians; to provide for the costs of such vaccinations; to provide an effective date.
Referred to the Committee on Health & Ecology.

SB 318. By Senator Garner of the 30th:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to post-mortem examinations, so as to authorize a medical examiner to have a body embalmed to avoid the threat of infectious disease prior to release of the body to the next of kin; to authorize a coroner, medical examiner, or peace officer to take anatomical specimens and to test or examine specimens or articles as may be necessary or useful in determining cause of death.
Referred to the Committee on Health & Ecology.

SB 319. By Senator Garner of the 30th:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to post-mortem examinations, so as to change certain fees which the medical examiner is entitled to for performing certain examinations; to change certain provisions relating to reports of post-mortem examinations and investigations; to repeal certain provisions providing fees for peace officers.
Referred to the Committee on Health & Ecology.

SB 324. By Senator Allgood of the 22nd:
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 Retirement.

SB 335. By Senator Tate of the 38th:
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, as amended, so as to provide for additional penalties to be imposed in traffic cases and upon violations of bonds.
Referred to the Committee on State Planning & Community Affairs.

MONDAY, FEBRUARY 27, 1989

1471

SB 343. By Senator Kidd of the 25th:
A bill to amend Chapter 20 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Hearing Aid Dealers and Dispensers Act," so as to change certain provisions relating to examinations; to change the provisions relating to when an apprentice dispenser's permit shall be issued.
Referred to the Committee on Health & Ecology.

SB 347. By Senator Allgood of the 22nd:
A bill to amend Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to certain chemical tests administered to determine the alcoholic or drug content of certain persons who operate motor vehicles, so as to require that such chemical tests be administered as soon as possible to any person who operates a motor vehicle upon the highways or elsewhere throughout this state who is involved in any traffic accident.
Referred to the Committee on Motor Vehicles.

SB 363. By Senators Tate of the 38th and Langford of the 35th:
A bill to amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States decennial census of 1960 or any future such census, as amended, so as to provide funds for constructing, operating, and staffing city jails, city correctional institutions, and city detention facilities.
Referred to the Committee on State Planning & Community Affairs.

SB 364. By Senator Tate of the 38th:
A bill to amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to provide an effective date of certain compensation increases for municipal officers and employees; to provide for intent; to provide an effective date.
Referred to the Committee on Governmental Affairs.

Representative Richardson of the 52nd moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House.

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.

On the motion, 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
Bargeron
Y Barnett,B Y Barnett.M Y Beck Y Benefield Y Benn
Y Birdsong Bishop
Y Bostick

Y Branch Y Breedlove
Y Brooks
Brown Y Buck
Buford N Byrd Y Carrell
Y Carter Y Chambless Y Chance

N 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
Cummings.M Y Davis.C
Davis.G N Davis.M Y Dixon.H
Y Dixon.S Y Dobbs Y Dover

1472

JOURNAL OF THE HOUSE,

Y Dunn
Edwards N Ehrhart
Felton Fennel Y Floyd
Y Foster N Godbee Y Goodwin N Green Y Greene
Gresham
Y Griffin
Y Groover Y Hamilton
Hanner N Harris Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks N Howren

Hudson
Y Irwin Y Isakson
Jackson.J Y Jackson.W Y Jamieson
N Jenkins Y Johnson Y Jones
Kilgore Y Kingston Y Lane.D
N Lane.R
Langford Y Lawrence
Lawson Y Lee
Linder Long
Lord Y Lucas Y Lupton
Mangum Martin Y McCoy

Y McDonald
Y McKelvey McKinney.B
Y McKinney.C Y Meadows Y Milam
Y Mobley N Moody N Moore N Morton Y Moultrie
Mueller
Oliver.C
Y Oliver.M N Orr Y Orrock N Padgett Y Pannell N Parham
N Parrish Y Patten Y Pettit
Pinkston Y Poag N Porter

Y Poston
N Powell Rainey Randall Ransom
N Ray
Reaves Y Redding Y Richardson Y Ricketson Y Robinson
Royal
Y Selman
Simpson Sinkfield Smith.L Y Smith.P Smith.T Y Smith.W
Smyre N Snow Y Stancil.F
Y Stancil,S Stanley
N Steele

Y Stephens
Y Teper Thomas.C Thomas.M
Y Thompson Y Thurmond
N Titus Tolbert
Y Townsend Y Twiggs N Vaughan Y Waddle
Walker.C
Walker.L Y Wall
Ware Y Watson
Watts Y White
Wilder Y Williams.B Y WilliamsJ
Y Yates Y Yeargin
Murphy,Spkr

On the motion, the ayes were 105, nays 24. The motion prevailed.

By unanimous consent, the following Bill of the House was withdrawn from further consideration:

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.
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 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.

The following Committee substitute was read and adopted:

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; to change certain provisions relating to deposits securing portions of certificates of deposits which are in

MONDAY, FEBRUARY 27, 1989

1473

excess of amounts insured by the Federal Deposit Insurance Corporation; to authorize certain investment or reinvestment in certain securities of or other interests in certain investment companies, investment trusts, or common trust funds; to provide for certain restrictions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding bonds, is amended by striking Code Section 36-82-7, relating to authorized investments for bond proceeds, and inserting in its place a new Code Section 36-82-7 to read as follows:
"36-82-7. The proceeds of any bonds issued by any county, municipal corporation, school district, or other political subdivision of this state or any portion thereof or any authority or other public body corporate and politic created under the Constitution or laws of this state may, from time to time, be placed for investment and reinvestment in the local government investment pool created in Chapter 83 of Title 36 by the governing authorities of the county, municipal corporation, school district, political subdivision, authority, or bodyj or be invested and reinvested by the governing authorities of the county, municipal corporation, school district, political subdivision, authority, or body in the following securities, and no others:
(1) Bonds or obligations of such county, municipal corporation, school district, political subdivision, authority, or body or bonds or obligations of this state or any other state of the United States or of other counties, municipal corporations, and political subdivisions of this state or any other state of the United States; provided, however, that any such bonds or obligations must be rated rio lower than 'A' under the respective rating systems of either Moody's Investors Service, Inc. or Standard & Poor's Corporation;
(2) Bonds or other obligations of the United States or of subsidiary corporations of the United States government which are fully guaranteed by such government;
(3) Obligations of agencies of the United States government issued by the Federal Land Bank, the Federal Home Loan Bank, the Federal Intermediate Credit Bank, and the Central Bank for Cooperatives;
(4) Bonds or other obligations issued by any public housing agency or municipal corporation in the United States, which such bonds or obligations are fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States government, or project notes issued by any public housing agency, urban renewal agency, or municipal corporation in the United States which are fully secured as to payment of both principal and interest by a requisition, loan, or payment agreement with the United States government; ad
(5) Certificates of deposit of national or state banks located within this state which have deposits insured by the Federal Deposit Insurance Corporation and certificates of deposit of federal savings and loan associations and state building and loan or savings and loan associations located within this state which have deposits insured by the Federal Savings and Loan Insurance Corporation or the Georgia Credit Union Deposit Insurance Corporation, including the certificates of deposit of any bank, savings and loan association, or building and loan association acting as depository, custodian, or trustee for any such bond proceeds. The portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, or the Georgia Credit Union Deposit Insurance Corporation, if any, shall be secured by deposit, with the Federal Reserve Bank of Atlanta, Georgia, or with any national or state bank or federal savings and loan association or state building and loan or savings and loan association located within this state, of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess: direct and general obrrgQtions ot triis state of or any county of municipal corporation rft tnis state o oiigations described in paragraph (1) of this Code section, obligations of the United States or subsidiary corporations included in paragraph (2) of this Code section, obligations of

1474

JOURNAL OF THE HOUSE,

the agencies of the United States government included in paragraph (3) of this Code section, or bonds, obligations, or project notes of public housing agencies, urban renewal agencies, or municipalities included in paragraph (4) of this Code section; and
(6) Securities of or other interests in any open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940, as from time to time amended, or any common trust fund maintained by any bank or trust company which holds such proceeds as trustee or by_ an affiliate thereof so long as:
(A) The portfolio of such investment company or investment trust or common trust fund is limited to the obligations referenced in paragraphs (1) and (2) of this Code section and repurchase agreements fully collateralized by any such obligations; and
(B) Such investment company or investment trust or common trust fund takes delivery of such collateral either directly or through an authorized custodian."
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
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
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
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 Fennel Y Floyd Y Foster
Y Godbee Y Goodwin
Y Green Y Greene
Gresham
Y Griffin Y Groover
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 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
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 Y Randall
Y Hansom
YRay Y Reaves Y Redding Y Richardson
Ricketson Y Robinson Y Royal
Selman Simpson

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
Thomas.C
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
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.

MONDAY, FEBRUARY 27, 1989

1475

By unanimous consent, HB 631, by substitute, was ordered immediately transmitted to the Senate.

Due to mechanical defect, the vote of Representative Stanley of the 33rd was not recorded on the following Bills of the House:
HB 897 HB 918 HB 919 HB 921 HB 942 HB 944 HB 950 HB 929 HB 878
She wished to be recorded as voting "aye" thereon.

The following Resolution of the House was read and adopted:

HR 353. By Representatives Poston of the 2nd, Murphy of the 18th and Connell of the 87th:
A resolution commemorating the One Hundredth Anniversary of the State Capitol.

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 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.

The following Committee substitute was read and adopted:

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 sparsity grants for certain school systems; to provide for matters relative thereto; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-2-292 of the Official Code of Georgia Annotated, relating to sparsity grants under the "Quality Basic Education Act," is amended by striking subsection (d), which reads as follows:
"(d) All local school systems which received funds during fiscal year 1986 under a grant titled 'isolated schools' shall continue to receive such grants, adjusted annually to reflect changes in the salaries and operational costs similar to those changes made under other provisions of this article, until the State Board of Education has completed the studies prescribed in this Code section or until July 1, 1989, whichever occurs first, subject to appropriation by the General Assembly.",

1476

JOURNAL OF THE HOUSE,

in its entirety.
Section 2. Code Section 20-2-292 of the Official Code of Georgia Annotated, relating to sparsity grants under the "Quality Basic Education Act," is amended by inserting a new subsection (d) to read as follows:
"(d) A local school system which received an 'isolated schools' grant for fiscal year 1989 shall receive a sparsity grant in an amount equal to the amount of the 'isolated schools' grant received in fiscal year 1989 for the school which received the 'isolated schools' grant if such school does not otherwise qualify for a sparsity grant according to State Board of Education policy and the provisions of subsections (a) through (c) of this Code section; provided, however, that the local school system shall receive a sparsity grant for that school for fiscal year 1990 only, and only if another school in the system qualifies for the sparsity grant according to state board policy and the provisions of subsections (a) through (c) of this Code Section."
Section 3. (a) Section 1 of this Act shall become effective on July 1, 1989. (b) Section 2 of this Act shall become effective on July 1, 1989, but shall stand repealed in its entirety on July 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 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
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
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
Hudson
Ylrwin Y Isakson Y Jackson,J
Y 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
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
Mueller Y Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
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 Y Simpson

Sinkfield
Y Smith,L Y Smith,? Y Smith.T Y Smith.W
YSmyre 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 Walker.C Walker.L
Y Wall 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 150, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

MONDAY, FEBRUARY 27, 1989

1477

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.

The report of the Committee, which was favorable to the passage of 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 Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Bargeron Y Barnett.B Y Barnett,M YBeck 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

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
Y Dixon.H Y Dixon.S Y Dobbs Y Dover YDunn
Y Edwards Y Ehrhart
Felton Fennel Y Floyd Y Foster Y Godbee
Y Goodwin Green
Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Banner 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 N Kilgore Y Kingston
Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson
Lee Y Linder YLong
YLord Y Lucas
Lupton Mangum Martin McCoy 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 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

Sinkfield 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 Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert
Townsend Y Twiggs
Vaughan Y Waddle
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, the ayes were 143, nays 1. The Bill, having received the requisite constitutional majority, was passed.

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.

The following Committee substitute was read:

1478

JOURNAL OF THE HOUSE,

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 15 boats; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 4 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal marshlands protection, is amended by redesignating existing paragraphs (4) through (6) of Code Section 12-5-281, relating to definitions, as paragraphs (5) through (7) and by adding a new paragraph (4) to read as follows:
"(4) 'Eligible person' means any person who is the owner of high land adjoining the state owned marshland or water bottoms, or combination thereof, sought to be leased by said person such that at least 100 percent of the landward boundary of the state owned marshland or water bottom, or combination thereof, sought to be leased is bordered by said adjoining high land."
Section 2. Said part is further amended by striking subsection (a) of Code Section 12-5-282, relating to the Coastal Marshlands Protection Committee, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) There is created the Coastal Marshlands Protection Committee to be composed of three members. The commissioner of natural resources and two persons selected by the Board of Natural Resources shall be the members of this committee. One member of the committee selected by the Board of Natural Resources shall be a resident of Camden, Glynn, Mclntosh, Liberty, Bryan, or Chatham County. The committee shall issue all orders and shall grant, deny, revoke, and amend all permits and leases provided for by this part."
Section 3. Said part is further amended by adding between Code Section 12-5-285 and Code Section 12-5-286 a new Code Section 12-5-285.1 to read as follows:
"12-5-285.1. (a) The committee, acting for and on behalf of and in the name of the state, is further authorized and empowered to grant and convey to any eligible person a lease of state owned marshland or water bottoms, or a combination thereof, upon such terms and conditions as the committee deems advisable for the purpose of constructing, operating, and maintaining thereupon a marina or marinas providing slips for more than 15 boats, including the installing, maintaining, repairing, removing, and replacing of buildings, structures, piers, docks, floating docks, marine railways, dolphins, pilings, appurtenances thereto, and all facilities and improvements that shall be reasonably used for or in connection therewith, subject always to the initial and continuing compliance by the lessee with all applicable laws pertaining to the use of the leased property and subject always to the use and enjoyment of the public of any navigable waters upon or over the leased property.
(b) Upon application by any interested person for a lease pursuant to this Code section, the committee shall determine whether or not the applicant is an eligible person. If the committee determines that the applicant is an eligible person, then the committee is authorized to grant and convey to the applicant a lease of the state owned marshland or water bottoms, or a combination thereof, described in the application without the necessity of public bid.
(c) The application for the lease shall be in writing and shall contain a request for a lease of the state owned property described therein. Such application shall include a legal description of the boundaries of the area sought to be leased; a plat of survey of the acreage sought to be leased prepared by a registered land surveyor; documentation of ownership of the adjoining high land upon which the applicant bases his claim of eligibility, which documentation shall include copies of all relevant deeds and plats of such high land; and a list of all owners of marshland and high land adjoining the

MONDAY, FEBRUARY 27, 1989

1479

applicant's high land. The entire application must be in a form acceptable to the committee.
(d) Each lease granted under this Code section shall be upon such provisions, requirements, and conditions as the committee shall make and shall, except as provided in subsections (h) and (i) of this Code section, provide for a primary term of not more than ten years. Each lease, except as provided in subsections (h) and (i) of this Code section, shall require the payment of a periodic rental of the fair market value of the state owned marshland or water bottoms leased thereby and may provide for two renewal terms, each of which shall not be for a term of more than equal duration to the primary term for a rental based upon periodic reappraisals of the fair market value at the time of renewal.
(e) Each lease granted under this Code section shall protect the interest of owners of marshland and high land adjoining the high land of the lessee upon which the lessee's eligibility for lease was based to a right of access to the state owned marshland or water bottoms adjoining the state owned marshland or water bottoms leased to the applicant; provided, however, said owners of adjoining high land may assign their rights in writing in favor of the applicant and such written assignment may be used to determine the percentage of landward boundary required for eligibility to lease the state owned marshland and water bottoms described in the application.
(f) Each lease granted under this Code section shall expressly prohibit the owners of boats docked at any marina constructed pursuant thereto from living aboard their vessels.
(g) If the eligible person desires the ability to transfer or convey ownership interests
in the leasehold to individuals purchasing or leasing on a long-term basis the slips of the marina or marinas, each lease granted under this Code section shall require the
formation of a condominium pursuant to Code Section 44-3-72. (h) Upon application of any eligible person who either is the owner of a marina in
existence on March 1, 1989, or holds a permit subsequently granted by the committee under this part or an application for a permit filed with the committee prior to March
1, 1989, the committee shall grant to that eligible person a lease of the state owned marshland or water bottoms upon which such marina is actually located for a term of
20 years beginning March 1, 1989, with a nominal rental of $1.00 per year; provided,
however, that any extensions of the dock space or expansion of the area of state owned marshland or water bottoms actually used in conjunction with the marina shall be subject to the provisions of subsection (d) of this Code section.
(i) Upon application of any eligible person who is either a nonprofit corporation, a nonprofit organization, or a public entity, the committee may grant a lease of state
owned marshland or water bottoms for the construction and operation of a marina as a community or public dock. Each lease granted under this subsection shall be for a term of ten years from the date of its execution with a nominal rental of $1.00 for the
entire term. (j) The comittee shall make an annual report of its activities each calendar year to
the General Assembly. The report shall include a summary of all applications received and leases granted, including length of terms, rentals, and locations. Copies of the
annual report shall be provided to the director of the State Properties Commission, the chairman of the House Natural Resources and Environment Committee, the chairman of the House Committee on State Institutions and Property, the chairman of the Senate
Natural Resources Committee, and the chairman of the Senate Committee on Governmental Operations.
(k) The committee may place such terms, limitations, restrictions, and conditions in
such leases as are deemed necessary to ensure that the utilization of the property is in the public interest.
(1) All leases granted by the committee shall have the prior approval of the State Properties Commission, including, if applicable, the fair market value of the state owned
marshland or water bottoms to be leased and the rental to be charged."
Section 4. Said part is further amended by striking paragraph (6) of Code Section
12-5-292, relating to exemptions from the applicability of said part, and inserting in lieu
thereof a new paragraph (6) to read as follows:

1480

JOURNAL OF THE HOUSE,

"(6) The building of private docks on pilings, the walkways of which are above the marsh grass not obstructing tidal flow, by the owners of detached single-family residences located on high land adjoining such docks."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Porter of the 119th moves to amend the Committee substitute to HB 272 as follows:
Change on page 4 line 31 "or" to "on".

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
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 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
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 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
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 N Kingston
Y Lane.D Y Lane.R Y Langford N 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 Y Milam
Y Mobley Y Moody Y Moore
N Morton Y Moultrie
Mueller
Y Oliver.C Y 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 Randall
N 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 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
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 Y Williams,J Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 150, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

MONDAY, FEBRUARY 27, 1989

1481

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.

The report of the Committee, which was favorable to the passage of 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 V 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 Y Benn Y Birdsong
Y Bishop Y Bostick Y Branch N 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
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 N Dunn
Edwards Y Ehrhart
Felton Fennel Y Floyd Y Foster
YGodbee Y Goodwin Y Green Y Greene
Gresham Y Griffin
Y Groover Y Hamilton N Hanner Y Harris

Y Hasty Heard 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
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
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 Y Rainey
Randall Ransom YRay Reaves Redding Richardson Y Ricketson Y Robinson Y Royal 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
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 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 139, nays 4. The Bill, having received the requisite constitutional majority, was passed.

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.

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

1482

JOURNAL OF THE HOUSE,

Y Aaron
Abernathy Y Adams Y Aiken Y Alford
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
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
Colwell Y Connell
Y Couch Cox
Y Crawford Y Crosby
Cummings.B Cummings,M Y Davis.C Y Davis.G Davis.M Y Dixon.H Y Dixon.S
Y Dobbs Y Dover
Y Dunn Edwards
Y Ehrhart Felton Fennel
Y Floyd Y Foster Y Godbee 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 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
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
Parrish Patten
Y Pettit Pinkston
YPoag Y Porter Y Poston Y Powell
Y Rainey Randall Ransom
YRay Y Reaves
Y Redding Richardson
Y Ricketson Y Robinson Y Royal
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
Stanley Y Steele
Stephens Y Teper
Thomas.C Y Thomas.M Y Thompson Y Thurmond N Titus
Tolbert
Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
Ware
Watson Y Watts Y White
Wilder Williams.B Y Williams.J Yates Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 141, nays 1. The Bill, having received the requisite constitutional majority, was passed.

The Speaker Pro Tem assumed the Chair.

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.

The following amendment was read and adopted:

The State Planning and Community Affairs Committee moves to amend HB 853 by inserting on line 5 of page 25 after the word and symbol "Act." the following:
"After the commission has selected a potential site or sites for the regional airport, notice of the site or sites so selected shall be delivered to the board of commissioners of the county wherein the site or sites are located, and the board of commissioners shall have 60 days to notify the commission of its decision to accept the airport or, in the alternative, submit the question of acceptance or rejection of the regional airport to a public referendum which shall be held within 90 days of the call."

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:

MONDAY, FEBRUARY 27, 1989

1483

Y Aaron
Abernathy Y Adams Y Aiken Y Alford
Alien
Athon Y Atkins
Bailey Y Baker Y Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett.M YBeck
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 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
Felton 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
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
Lee Y Linder YLong 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
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
Reaves Redding
Y Richardson Y Ricketson Y Robinson Y Royal
Y Selman Y Simpson

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
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 Williams.B
Y Williams,J Y Yates Y Yeargin
Murphy.Spkr

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

By unanimous consent, HB 853, as amended, was ordered immediately transmitted to the Senate.

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.

The following amendment was read and adopted:

The Committee on Judiciary moves to amend HB 590 by striking lines 20 through 22 of page 1 in their entirety and substituting in lieu thereof the following:
"said violation is a misdemeanor, the sheriff of the county wherein the violation occurred shall be authorized, unless otherwise ordered by a judicial officer, after the individual".

The following amendment was read:

Representative Bostick of the 138th moves to amend HB 590 as follows: By striking five on line 23, page 1 and inserting three.

1484

JOURNAL OF THE HOUSE,

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

N Aaron Abernathy
Y Adams N Aiken N Alford
Alien Y Athon N Atkins
Y Bailey N Baker Y Balkcom N Bannister Y Barfoot
Bargeron N Barnett.B Y Barnett.M
Beck Y Benefield
Benn
Y 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 N Childers
Clark.B

Y Clark.H Y Clark.L N Colbert Y Coleman
Colwell Connell
Couch Cox Y Crawford Y Crosby N Cummings.B Cummings.M
Y Davis.C Davis.G
Y Davis.M Y Dixon.H
Y Dixon.S N Dobbs Y Dover NDunn
Edwards
N Ehrhart Felton Fennel
N Floyd Y Foster YGodbee Y Goodwin Y Green
Y Greene N Gresham Y Griffin
Y Groover Hamilton
Y Hanner Y Harris

Y Hasty Heard
N Herbert Y Holcomb Y Holland
N Holmes Hooks
Y Howren Y Hudson N Irwin Y Isakson Y Jackson,J
Jackson.W Jamieson Y Jenkins Y Johnson N Jones Y Kilgore Y Kingston Y Lane.D Y Lane,R Langford N Lawrence Y Lawson
YLee Y Linder
Long
YLord Lucas
Lupton Y Mangum N Martin Y McCoy Y McDonald Y McKelvey
McKinney.B

Y McKinney.C N Meadows
Milam Y Mobley Y Moody Y Moore N Morton N Moultrie N Mueller N Oliver.C N Oliver.M YOrr
Orrock Y Padgett N Pannell Y Parham Y Parrish
Y Patten Pettit Pinkston
NPoag Y Porter Y Poston Y Powell
Y Rainey Randall
Y Ransom
YRay Y Reaves
Y Redding Y Richardson
N Ricketson N Robinson Y Royal N Selman N Simpson

Sinkfield Y Smith.L Y Smith.P Y Smith.T N Smith.W
Smyre YSnow N Stancil.F N Stancil.S
Y Stanley Steele Stephens
Y Teper N Thomas.C Y Thomas.M N Thompson
Thurmond
N Titus Tolbert Townsend Twiggs
N Vaughan N Waddle
Y Walker.C Y Walker.L N Wall
Ware Y Watson
Watts Y White
Wilder N Williams.B Y Williams,J N Yates Y Yeargin
Murphy .Spkr

On the adoption of the amendment, the ayes were 92, nays 44. The amendment was adopted.

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 Abernathy
Y Adams Y Aiken
Y Alford 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
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
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 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 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 Y McDonald
Y McKelvey Y McKinney.B Y McKinney.C
Y Meadows

MONDAY, FEBRUARY 27, 1989

1485

Y Milam 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 Y Poag Y Porter Y Poston Y Powell Y Rainey
Randall Ransom Y Ray Y Reaves Y Redding

Richardson Y Ricketson Y Robinson
Y Royal Y Selman Y Simpson
Sinkfleld 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
Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond
Titus Tolbert Y Townsend Y Twiggs Y Vaughan

Waddle Y Walker.C Y Walker,L
Y Wall 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 147, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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.

The following Committee substitute was read and adopted:

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; to provide for penalties; to provide for other related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the right of way between motor vehicles, is amended by adding at the end thereof a new Code Section 40-6-76 to read as follows:
"40-6-76. (a) As used in this Code section, a 'funeral procession' means an array of motor vehicles in which the lead vehicle displays a sign, pennant, flag, or other insignia furnished by a funeral home indicating a funeral procession unless led by a state or local law enforcement vehicle and each vehicle participating in the funeral procession is operating its headlights.
(b) Funeral processions shall have the right of way at intersections subject to the following conditions and exceptions:
(1) Operators of vehicles in a funeral procession shall yield the right of way upon the approach of an authorized emergency vehicle giving an audible or visible signal; and
(2) Operators of vehicles in a funeral procession shall yield the right of way when directed to do so by a traffic officer. (c) Funeral processions escorted by the police, a sheriff, or a sheriffs deputy shall have the right of way in any street or highway through which they may pass. Local governments may, by ordinance, provide for such escort service and provide for the imposition of reasonable fees to defray the cost of such service.

1486

JOURNAL OF THE HOUSE,

(d) The operator of a vehicle not in a funeral procession shall not interrupt a funeral procession except when authorized to do so by a traffic officer or when such vehicle is an authorized emergency vehicle giving an audible or visible signal.
(e) Operators of vehicles not a part of a funeral procession shall not join a funeral procession by operating their headlights for the purpose of securing the right of way granted by this Code section to funeral processions.
(f) The operator of a vehicle not in a funeral procession shall not attempt to pass vehicles in a funeral procession on a two-lane highway.
(g) Any person violating subsection (d), (e), or (f) of this Code section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed $100.00."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The 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
Alien Y Athon Y Atkins Y Bailey
Y Baker N Balkcom Y Bannister Y Barfoot
Bargeron
Y Barnett.B Y Barnett.M Y Beck
Benefield Benn Y Birdsong Bishop
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford Y Byrd Y Carrell Y Carter Y Chambless Y Chance N Cheeks N Childers Y Clark.B

Y Clark.H Clark.L
Y Colbert
Y Coleman Y Colwell
Connell Couch
Cox Crawford
Y Crosby Y Cummings.B
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
Pelton 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

N 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 Jamieson
Y Jenkins
Y Johnson Y Jones Y Kilgore N 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
McKinney.B

Y McKinney.C Y Meadows
Milam
Y Mobley Y Moody Y Moore Y Morton Y Moultrie N 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 Y Randall Y Ransom
YRay Y Reaves Y Redding Y Richardson
Ricketson Y Robinson Y Royal
Y Selman 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 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 N Vaughan Y Waddle Y 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, by substitute, the ayes were 144, nays 10.

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

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.

MONDAY, FEBRUARY 27, 1989

1487

The following amendment was read and adopted:

The Committee on Natural Resources and Environment moves to amend S.B. 84 by adding following the word and symbol "authority;" on line 18 of page 1 the following:
"to provide for suspension, revocation or modification of permits when successors in title to permit holders are not in compliance with the approved erosion and sediment control plan or applicable statutes, ordinances, resolutions, rules or regulations as to all or a portion of the land affected by the approved plan; to provide that holders of permits shall notify their successors in title of the conditions contained in the permits;"
By redesignating Sections 8 through 11 as Sections 9 through 12, respectively.
By adding following line 10 of page 7 a new Section 8 to read as follows:
"Section 8. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 12-7-11 relating to the suspensions, revocation or modification of permits, and inserting in lieu thereof a new subsection (b) of Code Section 12-7-11 to read as follows:
(b) The permit may be suspended, revoked, or modified by the issuing authority, as to all or any portion of the land affected by the plan, upon a finding that the holder or his successor in title is not in compliance with the approved erosion and sediment control plan or that the holder or his successor in title is in violation of this chapter or any ordinance, resolution, rule, or regulation adopted or promulgated pursuant to this chapter. A holder of a permit shall notify any successor in title to him as to all or any portion of the land affected by the approved plan, of the conditions contained in the permit."
The following amendment was read and lost:
Representative Hamilton of the 124th moves to amend SB 84 by striking lines 16 through 30 on page 4 and inserting in lieu thereof the following:
"(18) Discharges of storm-water runoff from disturbed areas shall be controlled to the extent that turbidity and suspended solids shall not exceed the turbidity and suspended solids levels of the receiving stream immediately upstream from the storm-water runoff discharge at the time of such discharge.'"
The following amendment was read and adopted:
Representatives Moore of the 139th, Parham of the 105th and Hudson of the 117th move to amend SB 84 as follows:
By adding on page 2 line 6 after the word land the following:
"agriculture is exempt from this Act".
The following amendment was read:
Representative Breedlove of the 60th moves to amend SB 84 as follows:
Add subsection (f) at Section 5 - page 6 to read:
"If all minimum requirements have been followed and a problem arises, no citation can be issued without allowing a minimum of 72 hours to correct problem."

1488

JOURNAL OF THE HOUSE,

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

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

Y Clark.H Y Clark.L Y Colbert
Coleman Y Colwell
Connell Couch Cox N Crawford Y Crosby Cummings,B
Cummings.M Y Davis.C
N Davis.G Y Davis.M N Dixon.H N Dixon.S N Dobbs
Dover Y Dunn N Edwards Y Ehrhart
Felton
Fennel N Floyd Y Foster YGodbee Y Goodwin Y Green
N Greene Y Gresham Y Griffin N Groover N Hamilton N Hanner
Y Harris

Y Hasty N Heard N Herbert N Holcomb N Holland
Y Holmes N Hooks
Y Howren Y Hudson Y Irwin YIsakson
Y Jackson,J Jackson.W
Y Jamieson N Jenkins Y Johnson Y Jones
Kilgore Y Kingston
N Lane.D Y Lane.R Y Langford Y Lawrence N Lawson
Lee Y Linder
Long YLord
Lucas
Y Lupton N Mangum N Martin Y McCoy Y McDonald N McKelvey
McKinney,B

N McKinney.C Y Meadows NMilam N Mobley N Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C N Oliver.M NOrr N Orrock Y Padgett N Pannell Y Parham Y Parrish
N Patten Y Pettit
Pinkston
YPoag N Porter N Poston Y Powell Y Rainey
Randall Y Ransom
YRay Reaves
N Redding Y Richardson Y Ricketson Y Robinson N Royal N Selman
Simpson

On the adoption of the amendment, the ayes were 84, nays 65. The amendment was adopted.

N Sinkfield N Smith.L N Smith,P
Smith.T Y Smith, W
N Smyre YSnow N Stancil.F Y Stancil.S
Stanley Y Steele
Stephens N Teper Y Thomas,C N Thomas.M Y Thompson
Thurmond
N Titus N Tolbert N Townsend Y Twiggs Y Vaughan Y Waddle
Y Walker.C N Walker,L
Y Wall N Ware N Watson N Wato Y White
Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin
Murphy.Spkr

The following amendments were read and adopted:

Representative Groover of the 99th moves to amend SB 84 as follows:
By adding at end of line 2 page 6 the following:
"this subsection shall not apply unless there is in effect an ordinance or statute specifically providing for hearing and judicial review of any determination or order of the issuing authority with respect to alleged permit violations."

Representative Robinson of the 96th moves to amend SB 84 as follows: On page 8, lines 10-11, strike new language and insert: "or single family residences which are not a part of a larger project."

The following amendment was read:

Representative Foster of the 6th et al. move to amend SB 84 as follows:
On page 8 line 24 by striking the words "one acre" and adding in lieu of the words "five acre".

MONDAY, FEBRUARY 27, 1989

1489

And on page 8 line 34 by striking the words "one acre" and by adding in lieu of the words "five acre".
And on page 9 line 7 by striking the words "one acree" and adding in lieu of the words "five acree".

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

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

Y Clark.H Y Clark.L N Colbert
Coleman
Y Colwell
Connell
Y Couch
Cox N Crawford
Y Crosby Cummings,B Cummings.M
N Davis.C
N Davis,G N Davis.M
Y Dixon.H N Dixon.S N Dobbs Y Dover YDunn N Edwards N Ehrhart
Felton Fennel N Floyd Y Foster
Y Godbee Y Goodwin Y Green
Greene N Gresham Y Griffin N Groover N Hamilton N Manner Y Harris

Y Hasty N Heard N Herbert Y Holcomb N Holland Y Holmes N Hooks Y Howren N Hudson N Irwin
N Isakson N Jackson,J
Jackson.W Y Jamieson Y Jenkins
Y Johnson Y Jones
Kilgore Y Kingston N Lane.D Y Lane,R Y Langford N Lawrence N Lawson
Lee Y Linder
Long
YLord Lucas
N Lupton N Mangum N Martin Y McCoy Y McDonald N McKelvey
McKinney.B

N McKinney.C Y Meadows N Milam
N Mobley N Moody Y Moore N Morton Y Moultrie N Mueller N Oliver.C N Oliver.M NOrr N Orrock Y Padgett N Pannell
YParham Y Parrish N Patten
Y Pettit N Pinkston
YPoag N Porter N Poston Y Powell Y Rainey
Randall N Ransom
YRay N Reaves N Redding N Richardson
Y Ricketson Y Robinson N Royal N Selman
Simpson

N Sinkfield Y Smith.L N Smith.P Y Smith.T Y Smith.W N Smyre YSnow N Stancil.F Y Stancil,S
Stanley N Steele
Stephens N Teper N Thomas.C
Thomas.M
Y Thompson Thurmond
Y Titus N Tolbert N Townsend Y Twiggs
N Vaughan N Waddle Y Walker.C N Walker,L Y Wall N Ware N Watson
N Watts Y White
Wilder N Williams,B Y Williams,J
N Yates N Yeargin
Murphy.Spkr

On the adoption of the amendment, the ayes were 68, nays 84. The amendment was lost.

Representative Jenkins of the 80th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following amemdment was read and ruled out of order:

Representative Breedlove of the 60th moves to amend SB 84 as follows: Page 8 line 24 strike "one acre" add: "five acres"; Line 34 strike "one acre" add "five acres".

The following amendments were read and adopted:

Representative Jackson of the 9th moves to amend SB 84 as follows: Delete on page 5 line 28 the figure $10,000 and insert the figure $3,000.

1490

JOURNAL OF THE HOUSE,

Representative Colwell of the 4th et al. move to amend SB 84 as follows: On page 7 line 22 by striking the number $5,000.00 and inserting in lieu $2,000.00.

The following amendment was read:

Representative Dunn of the 73rd moves to amend SB 84 as follows: On line 22 page 7 change $5,000.00 to $1000.00.

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

Y Aaron Abernathy
N Adams N Aiken N Alford
Alien N Athon Y Atkins N Bailey
Baker Y Balkcom Y Bannister
N Barfoot Bargeron
Y Barnett.B Y Barnett.M
NBeck Benefield Benn
N Birdsong N Bishop N Bostick Y Branch Y Breedlove Y Brooks Y Brown
YBuck N Buford
N Byrd N Carrell N Carter
Chambless N Chance Y Cheeks N Childers
Y Clark.B

Y Clark.H Y Clark.L N Colbert N Coleman Y Colwell
Connell Y Couch
Cox
N Crawford Y Crosby
Cummings.B Cummings.M
N Davis.C N Davis.G Y Davis.M Y Dixon.H N Dixon.S
N Dobbs Y Dover
Y Dunn Edwards
Y Ehrhart Felton
Fennel N Floyd Y Foster Y Godbee Y Goodwin Y Green
N Greene Y Gresham Y Griffin N Groover Y Hamilton N Manner
Y Harris

Y Hasty N Heard N Herbert N Holcomb Y Holland
N Holmes N Hooks Y Howren Y Hudson N Irwin N Isakson
N Jackson,J Jackson.W
Y Jamieson
N Jenkins Y Johnson N Jones
Kilgore Y Kingston
N Lane.D Y Lane.R Y Langford N Lawrence
N Lawson Lee
N Linder Long
YLord N Lucas
N Lupton N Mangum N Martin
N McCoy Y McDonald
N McKelvey McKinney.B

N McKinney.C N Meadows
Milam N Mobley Y Moody
Y Moore N Morton Y Moultrie N Mueller Y Oliver.C N Oliver.M NOrr N Orrock Y Padgett N Pannell Y Parham Y Parrish N Patten Y Pettit N Pinkston
YPoag Porter Poston
Y Powell Y Rainey N Randall N Ransom YRay N Reaves
Redding N Richardson Y Ricketson Y Robinson N Royal N Selman
Simpson

N Sinkfield Y Smith.L N Smith.P
Smith.T Y Smith,W
N Smyre YSnow Y Stancil,F
Y Stancil.S N Stanley N Steele Y Stephens N Teper N Thomas.C N Thomas,M Y Thompson
Thurmond
N Titus N Tolbert N Townsend
Y Twiggs N Vaughan N Waddle Y Walker.C N Walker,L N Wall
Ware Y 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 69, nays 83. The amendment was lost.

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

The following amendment was read:

Representative Colwell of the 4th et al. move to amend SB 84 as follows: On page 5 line 28 by striking the number $10,000.00 and inserting in lieu $1,000.00.

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

MONDAY, FEBRUARY 27, 1989

1491

N Aaron Abernathy
N Adams
Aiken N Alford
Alien N Athon Y Atkins N Bailey N Baker N Balkcom Y Bannister N Barfoot
Bargeron N Barnett.B Y Barnett.M NBeck
Benefield Benn N Birdsong N Bishop N Bostick Y Branch Y Breedlove Y Brooks Y Brown NBuck
N Buford NByrd N Carrell N Carter N Chambless Y Chance
Y Cheeks N Childers N Clark.B

Y Clark.H Y Clark.L N Colbert
Y Coleman Y Colwell
Connell Y Couch
Cox N Crawford Y Crosby
Cummings f B Cummings.M N Davis.C N Davis.G N Davis.M Y Dixon.H N Dixon.S N Dobbs Y Dover N Dunn Edwards Y Ehrhart Felton Fennel Y Floyd Y Foster
N Godbee Y Goodwin Y Green N Greene Y Gresham Y Griffin N Groover
Y Hamilton Hanner
Y Harris

Y Hasty Heard
N Herbert
N Holcomb Y Holland N Holmes N Hooks Y Howren Y Hudson N Irwin N Isakson N Jackson,J
Jackson.W N Jamieson N Jenkins Y Johnson N Jones
Kilgore Y Kingston N Lane,D Y Lane.R
Y Langford N Lawrence N Lawson
Lee N Linder
Long
YLord N Lucas N Lupton
N Mangum N Martin Y McCoy
McDonald N McKelvey
McKinney,B

N McKinney.C N Meadows
Milam N Mobley Y Moody Y Moore N Morton Y Moultrie N Mueller Y Oliver.C N Oliver.M NOrr N Orrock Y Padgett N Pannell
Y Parham Y Parrish
N Patten N Pettit N Pinkston YPoag N Porter
N Poston Y Powell Y Rainey N Randall N Ransom
YRay N Reaves
Redding N Richardson Y Ricketson N Robinson
N Royal N Selman
Simpson

On the adoption of the amendment, the ayes were 61, nays 91. The amendment was lost.

N Sinkfield Y Smith,L N Smith,P
Smith.T Y Smith.W N Smyre YSnow Y Stancil.F Y Stancil.S N Stanley N Steele Y Stephens N Teper N Thomas.C N Thomas.M N Thompson
Thurmond N Titus N Tolbert N Townsend Y Twiggs Y Vaughan
N Waddle Y Walker.C N Walker.L N Wall
Ware
N Watson N Watts Y White Y Wilder N Williams.B Y Williams,J N Yates Y Yeargin
Murphy,Spkr

Representative Groover of the 99th moved that the House reconsider its action in adopting the Breedlove amendment.
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 Y Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett.M Y Beck
Benefield Benn 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
Couch Cox Y Crawford Y Crosby Cummings.B Cummings.M Y Davis.C Y Davis.G N Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover YDunn Y 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
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
Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y 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
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
Simpson Y Sinkfield

1492

JOURNAL OF THE HOUSE,

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
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
Ware Y Watson
Y Watts

On the motion, the ayes were 152, nays 1. The motion prevailed.

Y White Y Wilder
Williams.B Y Williams,J Y Yates Y Yeargin
Murphy.Spkr

The following amendment was read and adopted:
Representative Groover of the 99th moves to amend the Breedlove amendment to SB 84 by striking the quoted language and inserting:
Add a new subsection (f) after line 2, page 6, to read: "(f) Except in case of an emergency, the issuing authority shall give a permittee 72 hours to correct an alleged violation."
The Breedlove amendment, as amended by the Groover amendment, was re-adopted.

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 Abernathy
Y Adams
Y Aiken Y Alford
Alien Athon N 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 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 N Clark.L Y Colbert Y Coleman N Colwell
Connell
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 Dobbs
Y Dover Y Dunn
Edwards Y Ehrhart Y Felton
Fennel
Y Floyd N Foster Y Godbee Y Goodwin N Green Y Greene
Y Gresham N Griffin Y Groover N Hamilton
Y Manner Y Harris

Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks N Howren Y Hudson Y Irwin Y Uakson Y Jackson,J
Jackson.W Y Jamieson Y 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 NLord Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney.B

Y McKinney.C N Meadows
Y Milam Y Mobley
N Moody N Moore
YMorton Y Moultrie Y Mueller N Oliver.C
Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell N Parham N Parrish Y Patten Y Pettit Y Pinkston
N 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
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 Y Thomas.C Y Thomas,M Y Thompson Y Thurmond
Y Titus Y Tolbert Y Townsend
N 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 N Yeargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 138, nays 23.

MONDAY, FEBRUARY 27, 1989

1493

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

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.

The report of the Committee, which was favorable to the passage of 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 Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefield YBenn Birdsong Y Bishop Y Bostick Y Branch Breedlove Brooks Y Brown YBuck Buford YByrd Carrell Y Carter Y Chambless Chance Y Cheeks Y Childers Y Clark.B

Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell
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 Dunn Y Edwards Y Ehrhart Y Felton Fennel Y Floyd Y Foster 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
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
Lawrence Y Lawson YLee Y Linder
Long YLord Y Lucas Y Lupton
Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney.B

Y McKinney.C Y Meadows Y Milam
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
Pinkston YPoag Y Porter YPoston Y Powell Y Rainey Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson
Robinson Y Royal Y Selman
Simpson

Y Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre YSnow Y Stancil.F Y StanciLS Y Stanley Y Steele Y Stephens
Teper Thomas.C Y Thomas,M Thompson Y Thurmond N 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 YYates 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.

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

1494

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.
The following Resolutions of the House and Senate were read and adopted:
HR 355. By Representatives Parrish of the 109th, Parham of the 105th, McDonald of the 12th, Walker of the 115th, Jackson of the 9th and others: A resolution recognizing McKinney's Pond restaurant.
HR 356. By Representatives Mueller of the 126th, Hamilton of the 124th, Pannell of the 122nd and Johnson of the 123rd: A resolution commending Charles Moses Waldrop.
HR 357. By Representative Ehrhart of the 20th: A resolution congratulating Mark and Holly Green.
HR 358. By Representative Carrell of the 65th: A resolution commending Andrew Wilson Mallard.
HR 359. By Representatives Holland of the 136th and Hanner of the 131st: A resolution honoring Mr. Anthony M. "Tony" Bruner.
HR 360. By Representative Holland of the 136th: A resolution commending the Sumner Fire Department.
HR 361. By Representatives Stephens of the 68th, Thurmond of the 67th, Irwin of the 13th, Carrell of the 65th, Mobley of the 64th and others: A resolution commending University of Georgia Athletic Director Vince Dooley.
HR 362. By Representative Ehrhart of the 20th: A resolution congratulating Mr. and Mrs. Jeff Bain.
HR 363. By Representatives Clark of the 20th, Howren of the 20th, Aiken of the 21st, Atkins of the 21st, Vaughan of the 20th, and others: A resolution recognizing the City of Kennesaw, Georgia.
HR 364. By Representatives Powell of the 145th and Royal of the 144th: A resolution commending the Colquitt County Arts Council.
SR 188. By Senator Fincher of the 54th: A resolution commending Ms. Bernice B. Spigel.
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:

MONDAY, FEBRUARY 27, 1989

1495

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.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 43-14-16 of the Official Code of Georgia Annotated, relating to exceptions to the operation of Chapter 14 of Title 43 concerning electrical contractors, plumbers, conditioned air contractors, and low-voltage contractors, so as to provide that said chapter shall not prohibit any person from installing, altering, or repairing the plumbing component of a lawn sprinkler system from a backflow preventer which was installed by a licensed plumber as long as the work is done in conformity with all other provisions of the chapter, the rules and regulations of the board, and ordinances of the county or municipality; to provide that under certain conditions a person who contracts with a licensed conditioned air contractor as part of a conditioned air contract to install, alter, or repair duct systems, control systems, or insulation is not required to be licensed by the Division of Conditioned Air Contractors; to provide that persons who perform certain work in connection with conditioned air systems shall be required to be licensed by the appropriate licensing authority; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 43-14-16 of the Official Code of Georgia Annotated, relating to exceptions to the operation of Chapter 14 of Title 43 concerning electrical contractors, plumbers, conditioned air contractors, and low-voltage contractors, is amended by adding at the end thereof two new subsections, to be designated (i) and (j), to read as follows:
"(i) This chapter shall not prohibit any person from installing, altering, or repairing the plumbing component of a lawn sprinkler system from a backflow preventer which was installed by a licensed plumber; provided, however, that all such work must be done in conformity with all other provisions of this chapter, the rules and regulations of the board, and ordinances of the county or municipality.
(j) Any person who contracts with a licensed conditioned air contractor as part of a conditioned air contract to install, alter, or repair duct systems, control systems, or insulation is not required to hold a license from the Division of Conditioned Air Contractors. The conditioned air contractor must retain responsibility for completion of the contract, including any subcontracted work. Any person who contracts with a licensed conditioned air contractor to perform a complete installation, alteration, or repair of a conditioned air system must hold a valid license from the Division of Conditioned Air Contractors. Any person who contracts with a conditioned air contractor to install, alter, or repair electrical, low-voltage, or plumbing components of a conditioned air system must hold a valid license from the appropriate division of the board."
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
Y Alien

Y Athon Y Atkins
Bailey

Baker Y Balkcom
Bannister

Y Barfoot Bargeron
Y Barnett.B

1496

JOURNAL OF THE HOUSE,

Y Barnett,M Beck Benefield Benn
Y Birdsong Bishop
Y Bostick Branch
Y Breedlove Y Brooks
Brown YBuck Y Buford YByrd
Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L Y Colbert
Coleman Y Colwell Y Connell
Y Couch
Cox
Crawford Crosby Y Cummings.B Cummings.M

Y Davis.C Y Davis.G
Davis.M Y Dixon.H
Dixon,S Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Fennel Y Floyd Y Foster Y Godbee
Y Goodwin Y Green Y Greene Y Gresham Y Griffin
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
Kingston Y Lane,D
Lane.R Y Langford Y Lawrence Y Lawson YLee Y Under
YLong YLord
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

Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock Y Padgett
Pannell
Y Parham Y Parrish
Patten Y Pettit
Pinkston YPoag Y Porter
Poston Y Powell Y Rainey
Randall Y Ransom
Ray 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
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 Twiggs
Y Vaughan Y Waddle Y Walker.C
Walker.L YWall
Ware Y Watson
Y Watts Y White Y Wilder Y Williams.B
WiIliams,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.

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 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.

The following amendment was read and adopted:

Representative Mueller of the 126th moves to amend HB 128 by adding on line 18 of page 1, between the word "guard" and the word "shall", the following:
"designated by a local law enforcement agency". By adding at the end of line 5 on page 2, following the word "guard", the following:
"designated by a local law enforcement agency".

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

MONDAY, FEBRUARY 27, 1989

1497

On the passage of the Bill, as amended, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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.

The report 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 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.

The following Committee substitute was read:

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 provide for additional information when canceling a security deed when the original is lost; 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages and conveyances to secure debts and liens, is amended by striking Code Section 44-14-4 which reads as follows:
"44-14-4. Any mortgagor who has paid off his mortgage may present the paid mortgage to the clerk of the superior court of the county or counties in which the mortgage is recorded, together with the order of the mortgagee or transferee directing that the mortgage be canceled; and the clerk shall record the order across the face of the record or shall record the order in the deed records of his county and make a notation on the record of the mortgage to indicate where the order is recorded and shall write, either across the face of the record of the mortgage or on the page of the record, the word 'satisfied' and the date of the entry and shall sign his name thereto officially.", and inserting in lieu thereof a new Code Section 44-14-4 to read as follows:
"44-14-4. Any mortgagor who has paid off his mortgage may present the paid mortgage to the clerk of the superior court of the county or counties in which the mortgage

1498

JOURNAL OF THE HOUSE,

instrument is recorded, together with the order of the mortgagee or transferee directing that the mortgage be canceled. The clerk shall record, in the same manner as the original mortgage instrument is recorded, the canceled and satisfied mortgage instrument or such portion thereof as bears the order of the mortgagee or transferee directing that the mortgage be canceled, together with any order of the mortgagee or transferee directing that the mortgage be canceled. The clerk shall show on the index of the cancellation and on the cancellation document the deed book and page number where the original mortgage instrument is recorded. The clerk shall record across the face of the mortgage instrument the words 'satisfied' and 'canceled' and the date of the entry and shall sign his name thereto officially. The clerk shall also make a notation on the record of the mortgage to indicate where the order of the cancellation is recorded."

Section 2. Said chapter is further amended by striking subsection (c) of Code Section 44-14-67, relating to cancellations of security deeds, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Cancellation of a security deed, the original of which has been lost, stolen, or

otherwise mislaid, may be made based upon a document executed by the record holder

of the security deed and meeting the requisites for recordation, which document shall

be in substantially the following form:

________________ County, Georgia

The indebtedness referred to in that certain deed to secure debt from

to

, dated

, and of record in

Deed Book ________, Page ______, in the office of the clerk of the Superior

Court of _______________ County, Georgia, having been paid in full and the

undersigned being the present record holder and owner of such deed by virtue of

being the original grantee or by virtue of assignments of record in Deed Book(s) _________, Page(s) ________ (show all assignments), the clerk of such supe-

rior court is authorized and directed to cancel that deed of record as provided in Code Section 44-14-4 of the O.C.G.A. for other mortgage cancellations.
In witness whereof, the undersigned has set his hand and seal, this

____________ day of ______________, 19__________.

___________________(SEAL) Signature

Signed, sealed, and delivered on the date above shown

Unofficial Witness

Notary Public (SEAL)
My commission expires: ______________
Section 3. Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees in superior court, is amended by striking paragraph (2) of subsection (c) thereof and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) Recording cancellations of deeds, mortgages, and writs of fieri facias, each............................................................................................................ 3r0 3.50"
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Smith of the 78th and Chambless of the 133rd move to amend the Committee substitute to HB 898 as follows:
On page 2 line 8 strike:
"The clerk shall record, in the"

MONDAY, FEBRUARY 27, 1989

1499

and insert in lieu thereof: "After payment of the fee authorized by law, the clerk shall index and record, in the".

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 Alford
Y Alien Athon
Y Atkins
Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett.M YBeck
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
Chambless Y Chance Y Cheeks Y Childers
Clark.B

Y Clark.H Y Clark.L Y Colbert
Coleman Y Colwell Y Connell Y Couch
Cox Y Crawford
Y Crosby Y Cummings,B
Cummings.M 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
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
Kingston
Y Lane.D Lane.R Langford Lawrence
Y Lawson YLee Y Under YLong
YLord 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
Y Mueller 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 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
Smyre
YSnow Y Stancil.F
Y Stancil.S Stanley 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 Y White
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 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Chambless of the 133rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 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 following Committee substitute was read and adopted:

1500

JOURNAL OF THE HOUSE,

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; 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 3 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the Employee Benefit Plan Council, is amended by striking paragraph (4) of Code Section 45-18-50, relating to definitions pertaining to the Employee Benefit Plan Council, in its entirety and substituting in lieu thereof a new paragraph (4) to read as follows:
"(4) 'Full time' means the employment of a person who works at least 30 hours per week and whose employment is intended to be continuing employment. This would exclude any student, seasonal, intermittent, or part-time employment. This would also exclude employment intended for only a very limited duration or in a sheltered employment program for the purpose of training or transitioning a person into the continued employment environment. Notwithstanding this definition or any other provision of this article, the council may, by regulation, make available to employees who work 17 '/2 hours or more per week such benefits as are or may be required by regulations of the United States Internal Revenue Service or other federal authority."
Section 2. Said article is further amended by striking Code Section 45-18-53, relating to authorization for payroll deductions, in its entirety and substituting in lieu thereof a new Code Section 45-18-53 to read as follows:
"45-18-53. (a) In order to carry out the provisions of the flexible employee benefit plan, the head of each department, agency, authority, or county department of health is authorized to deduct or reduce from salary or wages voluntarily designated amounts by his employees for purchasing insurance or other welfare benefits.
(b) Records of benefit selections, payroll deductions, and other individual account information shall be maintained as confidential by the flexible benefit plan. The records shall not be disclosed except as necessary to accomplish the purposes of this article or as otherwise authorized in writing by the employee. This prohibition shall not bar federal, state, or local tax authorities from such access to the records as may be necessary to establish the tax status or liability of an employee or other individual."
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
Bargeron Y Barnett.B Y Barnett.M Y Beck

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

Y Childers Y Clark.B
Y Clark.H Y Clark,L Y Colbert 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 Diron,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
Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb
Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakaon Y Jackson,J
Jackson.W

MONDAY, FEBRUARY 27, 1989

1501

Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
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 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
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 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

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
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.

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.

By unanimous consent, further consideration of HB 529 was postponed until tomorrow morning immediately following the period of unanimous consents.

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

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.

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 317. By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th

A RESOLUTION
Creating the Joint Evidence Study Committee; and for other purposes.
WHEREAS, the General Assembly of Georgia, during its 1987 Session, passed House Resolution No. 194, which endorsed a comprehensive study and comparison of the Georgia

1502

JOURNAL OF THE HOUSE,

laws of evidence with the Federal Rules of Evidence, to be undertaken by the State Bar of Georgia; and
WHEREAS, said resolution called for the State Bar of Georgia, acting through its appropriate committees, to submit to the General Assembly upon completion of the study, a report containing such recommendations as it deemed desirable; and
WHEREAS, the Georgia Evidence Study Committee of the State Bar of Georgia has completed its report and recommendations to the Board of Governors of the State Bar of Georgia; and
WHEREAS, the Board of Governors of the State Bar of Georgia, on December 3, 1988, has approved, in principle, the report of the Georgia Evidence Study Committee and also the introduction during the 1989 Session of the General Assembly of Georgia of appropriate legislation based upon the Committee's report; and
WHEREAS, legislation based on the report of the Georgia Evidence Study Committee has been introduced in the form of legislation as Senate Bill No. 336.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Evidence Study Committee. The Committee shall consist of 15 members as follows:
(1) Five members of the House of Representatives appointed by the Speaker of the House;
(2) Five members of the Senate appointed by the President of the Senate; and (3) Five members of the State Bar of Georgia appointed by the President of the State Bar of Georgia.
BE IT FURTHER RESOLVED that there shall be co-chairs of the Committee. One co-chair shall be designated by the Speaker of the House from the members appointed by that officer and the other co-chair shall be designated by the President of the Senate from the members appointed by that officer. The Committee shall meet on the call of the co-chairs. The Committee may elect such other officers from its own membership as may be necessary or desirable.
BE IT FURTHER RESOLVED that it shall be the duty of the Committee to study the Report of the Georgia Evidence Study Committee which has been introduced in the form of legislation as Senate Bill No. 336 and make appropriate recommendations thereon. Such study shall include, but shall not be limited to, whether it would be in the best interests of the bench, the bar and the general public of Georgia to adopt, in whole or in part, the provisions of the Federal Rules of Evidence, with any appropriate modifications, as a clearer, simpler and more comprehensive approach to evidentiary issues than existing Georgia law.
BE IT FURTHER RESOLVED that the legislative members of the Committee shall receive the expenses and allowances authorized by law for legislative members of interim legislative committees for carrying out their duties as members of the Committee. The State Bar of Georgia may provide for the reimbursement of expenses of its respective appointees in such manner as such association shall determine. Each member of the Committee shall be authorized to meet for not more than fifteen (15) days to carry out the purposes of this resolution unless additional days are authorized by both the Speaker of the House and the President of the Senate. The co-chairs of the Committee shall be authorized to create subcommittees from the membership of the Committee.
BE IT FURTHER RESOLVED that the Committee may conduct such meetings at such places and 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. Except as otherwise provided in this resolution, the funds required to carry out the purposes of this resolution shall come from the funds of the legislative branch of government. In the event the Committee makes a report of its findings and

MONDAY, FEBRUARY 27, 1989

1503

recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1989, on which date the Committee shall stand abolished.

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

On the adoption of the Resolution, the ayes were 158, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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.

The following amendment was read and adopted:

Representative Walker of the 115th et al. move to amend HB 357 by adding after the semicolon on line 5 of page 1 the following:
"to provide that a guardian ad litem of an heir at law may acknowledge service of a petition to probate a will in solemn form and assent to immediate probate;".

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JOURNAL OF THE HOUSE,

By adding between Sections 1 and 2 a new Section 1.1 to read as follows:
"Section 1.1. Said title is further amended by striking subsection (b) of Code Section 53-3-13, relating to probate in solemn form, and inserting in its place a new subsection to read as follows:
'(b) The petition to probate a will in solemn form shall be verified by the oath of the applicant and shall set forth the full name, the place of domicile, the legal residence, and the date of the death of the testator; the post office address of the petitioner; the names, ages, and addresses of the surviving spouse and of all the heirs at law, stating their relationship to the testator; and whether, to the knowledge of the applicant, any other proceedings with respect to the probate of another purported will of the testator are pending in this state and, if so, the names and addresses of the propounders and the names, ages, and addresses of the beneficiaries under the other purported will. In the event full particulars are lacking, the petition shall state the reasons for any omission. The petition shall conclude with a prayer for the issuance of letters testamentary. If all of the heirs at law who are sui juris and acknowledge service of the petition and notice and shall in their acknowledgment assent thereto, and if any heirs at law who are not sui juris through and by their guardians or guardians ad litem likewise acknowledge service of the petition and notice and shall in their acknowledgment assent thereto, and if there are no other proceedings pending in this state with respect to the probate of another purported will of the decedent, the will may be admitted to record on proper proof, and letters may thereupon issue without further delay.'"

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

N Aaron Y 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
Benn
Y Birdsong Y Bishop Y Bostick Y Branch
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
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 N Foster
N Godbee Y Goodwin Y Green
Y Greene Gresham
N 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 Ylrwin Y Isakson Y Jackson.J
Jackson.W Y 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
YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy N McDonald Y McKelvey
McKinney.B

Y McKinney.C Y Meadows YMilam Y Mobley Y Moody Y Moore Y Morton N 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 Y Rainey Y Randall Y Ransom YRay Y Reaves Y Redding
Y Richardson 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 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
Williams,J Y Yates Y Yeargin
Murphy,Spkr

MONDAY, FEBRUARY 27, 1989

1505

On the passage of the Bill, as amended, the ayes were 152, nays 6. The Bill, having received the requisite constitutional majority, was passed, as amended.
SR 39. By Senator Fincher of the 54th: A resolution designating the William A. Ridley Bridge.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcora Y Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
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 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
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
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 Jrwin Y Isakson Y Jackson,J
Jackson.W Y 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 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 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
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
Ware
Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J 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 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.

By unanimous consent, further consideration of HB 677 was postponed until tomorrow morning immediately following the period of unanimous consents.

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

1506

JOURNAL 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.

The following Senate amendments were read:

SENATE AMENDMENT No. 1
Amend HB 264 by adding in the title on line 4 of page 1, between the word "bears" and the word "except", the following:
"within two miles of the state capitol".
By adding on lines 14 of page 1, between the word "bears" and word "except", the following:
"within five miles of the state capitol".

SENATE AMENDMENT No. 2
Amend HB 264 by adding in the title on line 5 of page 1, following the semicolon and preceding the words "to provide", the following:
"to provide exceptions;".
By deleting the quotation marks at the end of line 16 of page 1 and inserting in lieu thereof the following:
"This subsection shall not apply to alligators in Ware County nor to bears in Pierce County.'"

Representative Rainey of the 135th moved that the House disagree to the Senate amendments to HB 264.
The motion prevailed.

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 following Senate amendment was read:

Amend HB 451 by adding on line 29 of page 14, between the word "education" and the word "required", the following:
", which shall not be less than 60 hours,".

Representative Couch of the 36th moved that the House agree to the Senate amendment to HB 451.
On the motion, the roll call was ordered and the vote was as follows:

MONDAY, FEBRUARY 27, 1989

1507

Aaron V Abernathy Y Adams
Y Aiken Y Alford Y Alien Y Athon
Atkins Y Bailey Y Baker
Y Balkcom Bannister
Y Barfoot Bargeron
Y Barnett.B
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 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 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
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 N Kilgore
Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
Lee Y Linder
Long YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
Y McDonald Y McKelvey
McKinney.B

On the motion, the ayes were 150, nays 1. The motion prevailed.

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 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
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 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

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 Senate substitute was read:

A BILL
To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general tort provisions, so as to provide that sports officials who officiate amateur 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; to provide for a definition; to provide for other matters relative to the foregoing; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general tort provisions, is amended by adding at the end thereof a new Code Section 51-1-41 to read as follows:

1508

JOURNAL OF THE HOUSE,

"51-1-41. (a) Sports officials who officiate amateur athletic contests at any level of competition in this state shall not be liable to any person or entity in any civil action for injuries or damages claimed to have arisen by virtue of actions or inactions related in any manner to officiating duties within the confines of the athletic facility at which the athletic contest is played.
(b) For the purposes of this Code section, the term 'sports officials' means: (1) Those individuals who serve as referees, umpires, linesmen, and those who
serve in similar capacities but may be known by other titles and are duly registered with or are members of a local, state, regional, or national organization which is engaged in part in providing education and training to sports officials; and
(2) Those individuals who render service without compensation as a manager, coach, instructor, or assistant manager, coach, or instructor in any system of supervised recreation established pursuant to Chapter 64 of Title 36. (c) Nothing in this Code section shall be deemed to grant the protection set forth in subsection (a) of this Code section to sports officials who cause injury or damage to a person or entity by actions or inactions which are intentional, willful, wanton, reckless, malicious, or grossly negligent."
Section 2. This Act shall apply to causes of actions filed on or after the effective date of this Act, including those causes of actions which allege actions or inactions of sports officials which occurred prior to the effective date of this Act.
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Alien of the 127th moved that the House agree to the Senate substitute to HB 54.
On the motion the ayes were 116, nays 0.
The motion prevailed.

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 Senate amendment was read:

Amend HB 201 by adding on line 3 of page 1 after the word "to" and before the word "define" the following:
"change the time period for insurers to apply for a salvage certificate of title; to".
By striking on line 19 of page 1 the following: "15",
and inserting in its place the following: "16 30".

Representative Dobbs of the 74th moved that the House agree to the Senate amendment to HB 201.

MONDAY, FEBRUARY 27, 1989

1509

On the motion the ayes were 121, nays 0. The motion prevailed.

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 following Senate substitute was read:

A BILL
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that candidates for the offices of clerk of the superior court, judge of the probate court, and sheriff shall file certain affidavits with or make certain affirmations to the officer before whom they qualified to seek office; to change certain provisions relating to eligibility to hold the office of sheriff; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide that candidates for the office of county school superintendent shall file certain verifications with the officer before whom they qualified to seek office; to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require the attachment of certain affidavits to certain certifications by county executive committees of each political party; to change certain provisions with respect to eligibility to qualify for election to such office; to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide that candidates for the office of coroner shall file certain affidavits with the officer before whom they qualified to seek office; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide that candidates for the office of tax receiver, tax collector, or tax commissioner shall file certain affidavits with the officer before whom they qualified to seek office; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking paragraph (2) of subsection (b) of Code Section 15-6-50, relating to the term of office and qualifications of clerks of superior courts, and inserting in its place a new paragraph (2) to read as follows:
"(2) Each person offering his candidacy for the office of clerk of the superior court
officer before whom such person has qualified to seek the office of clerk of the superior court prior to or at the time for qualifying, which affidavit shall affirm that he meets all of the qualifications required pursuant to paragraph (1) of this subsection."
Section 2. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 15-9-2, relating to eligibility to run for or hold the office of judge of the probate court, and inserting in its place a new paragraph (2) to read as follows:
"(2) Each person offering as a candidate for the office of judge of the probate court shall file an affidavit with the clerk ef the superior court ef the county m which the person is seeking office officer before whom such person has qualified to seek the office of judge of the probate court prior to or at the time of qualifying as a candidate. The affidavit shall affirm that the person meets all the qualifications required by subparagraphs (A), (C), (D), (E), and (F) of paragraph (1) of this subsection and either

1510

JOURNAL OF THE HOUSE,

subparagraph (B) of paragraph (1) of this subsection or subsection (c) of this Code section."
Section 3. Said title is further amended by striking subsection (c) of Code Section 15-16-1, relating to qualifications of sheriffs, and inserting in its place a new subsection (c) to read as follows:
"(c) Qualifications. (1) No person shall be eligible to hold the office of sheriff unless he: (A) Is a citizen of the United States; (B) Has been a resident of the county in which he seeks the office of sheriff for at least two years immediately preceding the date of the election for sheriff; (C) Is a registered voter; (D) Has attained the age of at least 25 years prior to the date of his qualifying for election to the office; (E) Has obtained a high school diploma or its recognized equivalent in educational training as established by the Georgia Peace Officer Standards and Training Council; (F) Has not been convicted of a felony offense or any offense involving moral turpitude contrary to the laws of this state, any other state, or the United States; provided, however, that a conviction of homicide by vehicle which occurred prior to January 1, 1965, and which did not involve the offense of driving a motor vehicle under the influence of alcohol or drugs shall not be considered a conviction under this subparagraph if such convicted person has received a pardon for such offense; (G) Is fingerprinted and a search made of local, state, and national fingerprint files to disclose any criminal record, which fingerprints are to be taken under the direction of the judge of the probate court and must be taken on or before, but no later than, one hour following the close of qualification for election to the office of sheriff; (H) Gives a complete history of his places of residence for a period of six years immediately preceding his qualification date, giving the house number or RFD number, street, city, county, and state; and (I) Gives a complete history of his places of employment for a period of six years immediately preceding his qualification date, giving the period of time employed and the name and address of his employer. (2) Each person offering his candidacy for the office of sheriff shall, within 60 days
prior to or at the time he qualifies: (A) File with the jttdge ef the probate court officer before whom such person has
qualified to seek the office of sheriff a certified copy of his birth certificate and a certified copy of his high school diploma or certified proof of its recognized equivalent in education training as established by the Georgia Peace Officer Standards and Training Council; and
(B) Swear or affirm before the judge ef the probate court officer before whom such person has qualified to seek the office of sheriff that he has, meets, or will meet by the date of the election all of the qualifications required by this subsection and that he has complied with the requirements of subparagraph (G) of paragraph (1) of this subsection no later than the close of qualification for election to the office of sheriff."
Section 4. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking subsection (b) of Code Section 20-2-102, relating to qualifications of local school superintendents, and inserting in its place a new subsection (b) to read as follows:
"(b) To be eligible to qualify for election in the primary election or in the general
election if the position is nonpartisan, a candidate for election as county school superintendent shall present to the proper election officials officer before whom such candidate has qualified to seek the office of county school superintendent verification from
the State School Superintendent that the candidate meets the certification qualifications of this Code section."

MONDAY, FEBRUARY 27, 1989

1511

Section 5. Title 21 of the Official Code of Georgia Annotated, relating to elections, is 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 12:00 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. The county executive committee of each political party shall attach to its certification a copy of the affidavits required by paragraph (2) of subsection (b) of Code Section 15-6-50, paragraph (2) of subsection (a) of Code Section 15-9-2, subparagraph (c)(2)(A) of Code Section 15-16-1, subsection (b) of Code Section 20-2-102, paragraph (2) of subsection (b) of Code Section 45-16-1, and paragraph (2) of subsection (b) of Code Section 48-5-210. 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 6. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by striking paragraph (2) of subsection (b) of Code Section 45-16-1, relating to the election of coroners, and inserting in its place a new paragraph (2) to read as follows:
"(2) Each person offering his candidacy for the office of coroner shall file an affidavit with the judge ef the probate court er county board of elections officer before whom such person has qualified to seek the office of coroner prior to or at the time for qualifying, which affidavit shall affirm that he meets all of the qualifications required pursuant to paragraph (1) of this subsection."
Section 7. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking paragraph (2) of subsection (b) of Code Section 48-5-210, relating to qualifications for office of tax receivers, tax collectors, and tax commissioners, and inserting in its place a new paragraph (2) to read as follows:
"(2) Each person offering as a candidate for the office of tax receiver, tax collector, or tax commissioner shall file an affidavit with the judge ef the probate court ef th county in which the person is seeking office officer before whom such person has qualified to seek the office of tax receiver, tax collector, or tax commissioner prior to or at the time of qualifying as a candidate. The affidavit shall affirm that the person meets all the qualifications required by paragraph (1) of this subsection."
Section 8. All laws and parts of laws in conflict with this Act are repealed.

Representative Holmes of the 28th moved that the House agree to the Senate substitute to HB 407.
On the motion the ayes were 119, nays 0.
The motion prevailed.

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.

1512

JOURNAL OF THE HOUSE,

The following Senate amendment was read:
Amend HB 333 by striking from line 11 of page 1 the following: "continuing partnership;", and inserting in lieu thereof the following; "partnership continuing the business of a dissolved partnership;". By deleting from lines 23 and 24 of page 5 the following: "without the winding up of the partnership affairs". By striking line 27 of page 5 and inserting in lieu thereof the following: "the partnership continuing the business without reversion or". By deleting from lines 1 and 2 of page 6 the following: "without the winding up of the partnership affairs". By striking from lines 4, 7 and 11 of page 6 the following: "continued partnership", and inserting in lieu thereof the following: "partnership continuing the business".
Representative Chambless of the 133rd moved that the House agree to the Senate amendment to HB 333.
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 Y Balkcom
Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett.M YBeck
Benefield
Y 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 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
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 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 Kingston Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee Y Linder
Long 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 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
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 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
Wall YWare Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams ,J
Y Yates Y Yeargin
Murphy.Spkr

MONDAY, FEBRUARY 27, 1989

1513

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

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 Senate amendment was read:

Amend HB 334 by striking from line 7 of page 5 the word "less" and inserting in lieu thereof the following:
"tess more".

Representative Chambless of the 133rd moved that the House agree to the Senate amendment to HB 334.
On the motion the ayes were 119, nays 0.
The motion prevailed.

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 following Senate 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:

1514

JOURNAL OF THE HOUSE,

(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 $2,000.00."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Orrock of the 30th moved that the House agree to the Senate substitute to HB 265.
On the motion the ayes were 103, nays 0.
The motion prevailed.

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 following Senate amendment was read:

Amend HB 49 by adding on page 1, line 24, after the word "rafts", the following:
"; provided, however, Code Section 52-7-18, relating to rules of the road for boat traffic, shall be applicable to sailboards."

Representative Rainey of the 135th moved that the House agree to the Senate amendment to HB 49.
On the motion the ayes were 113, nays 0.
The motion prevailed.

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 Senate substitute was read:

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; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 27, 1989

1515

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 24-2-3 of the Official Code of Georgia Annotated, relating to the admissibility of certain evidence in a prosecution for rape, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section to read as follows:
"24-2-3. (a) In any prosecution for rape, evidence relating to the past sexual behavior of the complaining witness shall not be admissible, either as direct evidence or on cross-examination of the complaining witness or other witnesses, except as provided in this Code section. For the purposes of this Code section, evidence of past sexual behavior includes, but is not limited to, evidence of the complaining witness's marital history, mode of dress, general reputation for promiscuity, nonchastity, or sexual mores contrary to the community standards.
(b) In any prosecution for rape, evidence relating to the past sexual behavior of the complaining witness may be introduced if the court, following the procedure described in subsection (c) of this Code section, finds that the past sexual behavior directly involved the participation of the accused ef and finds that the evidence expected to be introduced supports an inference that the accused could have reasonably believed that the complaining witness consented to the conduct complained of in the prosecution.
(c) The procedure for introducing evidence as described in subsection (b) of this Code section shall be as follows:
(1) At the time the defense shall seek to introduce evidence which would be covered by subsection (b) of this Code section, the defense shall notify the court of such intent, whereupon the court shall conduct an in camera hearing to examine into the defendant's offer of proof; ;
(2) At the conclusion of the hearing, if the court finds that any of the evidence introduced at the hearing is admissible under subsection (b) of this Code section or is so highly material that it will substantially support a conclusion that the accused reasonably believed that the complaining witness consented to the conduct complained of and that justice mandates the admission of such evidence, the court shall by order state what evidence may be introduced by the defense at the trial of the case and in what manner the evidence may be introduced; ; and
(3) The defense may then introduce evidence pursuant to the order of the court."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Thomas of the 31st moved that the House agree to the Senate substitute to HB 229.
On the motion the ayes were 107, nays 0.
The motion prevailed.

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 following Senate substitute was read:

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

1516

JOURNAL OF THE HOUSE,

of marriage licenses and to change certain provisions providing sanctions for the improper issuance of a marriage license; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses, is amended by striking Code Section 19-3-35, which reads as follows:
"19-3-35. (a) No marriage license shall be issued earlier than three days following the application therefor, unless the female applicant is pregnant and the pregnancy is proved by a certificate signed by a licensed physician of this state, unless the applicants are the parents of a living child born out of wedlock, or unless both applicants have been proved to have reached the age of majority, in any of which events a marriage license may be issued immediately.
(b) Any person who issues a marriage license in violation of subsection (a) of this Code section, unless the parties fall under one of the three exceptions mentioned therein, shall be guilty of a misdemeanor. Such willful conduct shall constitute malpractice in office. However, a judge of the probate court who in good faith destroys a physician's certificates of pregnancy and all records of the certificates under his control in accordance with applicable provisions of law shall not be prosecuted under this subsection for failure to require such a certificate from the applicants for a marriage license, if a birth certificate is issued for a child born to the applicants within the period of gestation after the marriage license was issued.", and inserting in its place a new Code section to read as follows:
"19-3-35. When both applicants for a marriage license are eligible to receive that license pursuant to the other provisions of this chapter and that license is otherwise authorized to be issued pursuant to the other provisions of this chapter, that license may be issued immediately and without any waiting period."
Section 2. Said article is further amended by striking Code Section 19-3-45, relating to forfeiture for improper issuance of marriage license, and inserting in its place a new Code section to read as follows:
"19-3-45. Any judge of the probate court who by himself or his clerk iaauca a license
license without the required consent or without proper precaution in inquiring into the question of minority^ er who issues a license ter the marriage ef- a female te his knowledge domiciled in another county ef this state shall forfeit the sum of $500.00 for every such act, to be recovered at the action of the father or mother, if living, and, if not, at the action of the guardian or legal representative of either of such contracting parties, provided that under no circumstances shall more than one action be maintained by the father or mother, guardian, or legal representative of either of such contracting parties in connection with any one marriage; and provided, further, that no such action shall be brought prior to the expiration of 60 days from the date that the marriage becomes public and that no action under this Code section shall be maintained after the expiration of 12 months from the date the marriage becomes public. A recovery shall be had against the offending judge and his bondsmen. From the recovery a reasonable attorney's fee, to be fixed by the presiding judge trying the case, shall be paid to the attorney representing the person bringing the action and, after the payment of court costs, one-third of the remainder of the recovery shall be paid to the person bringing the action; and the remaining two-thirds shall be paid to the county educational fund of the county of the judge's residence. A judge who in good faith destroys physician's certificates of pregnancy and all records of the certificates under his control in accordance with the provisions of law shall not be prosecuted under this Code section for failure to require such a certificate from the applicants for a marriage license, if a birth certificate is issued for a child born to the applicants within the period of gestation after the marriage license was issued."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

MONDAY, FEBRUARY 27, 1989

1517

Representative Hasty of the 8th moved that the House agree to the Senate substitute to HB 463.
On the motion the ayes were 100, nays 0.
The motion prevailed.

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 Senate substitute was read:

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; 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 concerning the merit system generally, is amended by striking paragraph (17) in its entirety and inserting in lieu thereof a new paragraph (17) to read as follows:
"(17) 'Working test employee' or 'employee on working test' means a covered employee serving a working test period in the class of positions in which he is employed; provided, however, that an employee serving a working test period following a promotion in the same department from a lower class in which he held permanent status shall retain permanent status rights in the lower class until he attains permanent status in the class to which he has been promoted; provided, further, that an employee serving a working test period who fails to attain permanent status following an interdepartmental transfer and promotion from a class in which the employee held permanent status shall, at the employee's option:
(A) Return with permanent status to the position and department from which the employee transferred, provided the position is vacant; or
(B) Be placed by the department to which the employee transferred in a position in a class in which the employee formerly held permanent status. If neither of the options is available, the merit system rule on reduction in force shall apply in the department to which the employee transferred."
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 Redding of the 50th moved that the House agree to the Senate substitute to HB 104.
On the motion the ayes were 107, nays 2.
The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

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JOURNAL OF THE HOUSE,

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 adhere to its position in substituting SB 38 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 Selman of the 32nd, Richardson of the 52nd and Childers of the 15th.

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

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 Senate substitute was read:

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 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 thereto; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 27, 1989

1519

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 ten 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; and
(ii) For the eleventh 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 subsection, 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.
fe) (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 percent for the tax year 1971. No tax jurisdiction so exempted shall assess at a ratio of less than 40 percent except as necessary to effect the preferential assessment provided in subsection (b) of this Code section.
4d) (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

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JOURNAL OF THE HOUSE,

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 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 his-
toric property in order to receive the preferential assessment shall make application to

MONDAY, FEBRUARY 27, 1989

1521

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 percent 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 assessment shall be required to pay the difference between the amount of taxes on the prop-
erty 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 provided 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.
(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 his-
toric property shall be recorded upon the tax digest as provided in this Code section for nine consecutive assessment years, and the notation 'rehabilitated historic prop-
erty' 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;

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JOURNAL OF THE HOUSE,

(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 a t 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 ten 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.'
Cj) (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.

Representative Pannell of the 122nd moved that the House disagree to the Senate substitute to HB 225.
The motion prevailed

HB 269. By Representatives Brown of the 88th, Thurmond of the 67th, Randall of the lOlst, 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 following Senate substitute was read:

A BILL
T o amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for public works, so as to provide for the acceptances and giving of letters

MONDAY, FEBRUARY 27, 1989

1523

of credit in lieu of certain bonds; 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; to provide for payments by the principal contractor when certain accounts are due or agreements violated; to repeal conflicting laws; and for other purposes.

BE I T ENACTED BY T H E GENERAL ASSEMBLY OF GEORGIA:

Section 1. Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating

to contracts for public works, is amended by striking in its entirety paragraph (2) of sub-

section (b) of Code Section 13-10-1, relating to bid bonds and other bonds required on

contracts with the state and other political subdivisions for public works, and inserting in

lieu thereof a new paragraph (2) to read as follows:

"(2) A payment bond with good and sufficient surety or sureties, payable to the

state, county, municipal corporation, or public board or body thereof for which the work

is to be done, and for the use and protection of all subcontractors and all persons sup-

plying labor, materials, machinery, and equipment in the prosecution of the work pro-

vided for in the contract, including any subcontractor having a direct contract with a
principal contractor for labor, materials, or equipment. In case of any forfeiture of pay-

ment to labor according & g - subcontractor's agreement, the surety must make said pay-

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he du must

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date. All othe he paid before

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involving contractor

receives any moneys from

escrow account or relieved from

bond

responsibilities. The payment bond on the principal contractor shall be in the amount

of at least the total amount payable by the terms of the contract."

Section 2. Said chapter is further amended by adding a t the end of Code Section 13-10-1, relating to bid bonds and other bonds required on contracts with the state and other political subdivisions for public works, a new subsection (d) to read as follows:
"(d) Where the amount of any bond required under the other subsections of this Code section does not exceed $300,000.00, the state, a county, a municipality, or any public board or body may, in its sole discretion, accept an irrevocable letter of credit issued by a bank or savings and loan association, as defined in Code Section 7-1-4. in the amount of and in lieu of the bond otherwise required under the other subsections
of this Code section."

Section 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 36-10-4, relating to bonds of contractors, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Contractors who are awarded contracts shall be required to give bond for the total amount of the bid, with one good and solvent security, for the faithful performance of the contract and to indemnify the county for any damages occasioned by a failure to perform the same within the prescribed time, except that an irrevocable letter of
credit may be substituted for that bond under the conditions provided in subsection (d)
of Code Section 13-10-1."

Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Brown of the 88th moved that the House disagree to the Senate substitute to HB 269.
The motion prevailed.

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 following Senate substitute was read:

1524

JOURNAL OF THE HOUSE,

A BILL
T o amend an Act creating and establishing a joint airport authority for the City of Winder and the County of Barrow, approved March 25, 1958 (Ga. L. 1958, p. 3087), as amended, ~articularlyby an Act approved March 28, 1986 (Ga. L. 1986, p. 5519), so as to change the number and method of selecting members; to provide for selection of a chairman; to provide for terms, vacancies, and a quorum; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE I T ENACTED BY T H E GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating and establishing a joint airport authority for the City of Winder and the County of Barrow, approved March 25, 1958 (Ga. L. 1958, p. 30871, as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5519), is amended by striking Section 2 of said Act in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. (a) The airport authority shall be composed of seven members all of whom shall be elected by a majority vote of the Board of Commissioners of Barrow County. Each member of the board of commissioners shall nominate a person residing in the district from which such commissioner is elected to be a member of the airport authority, provided that the nominee of the chairman of the board of commissioners may reside anywhere in the county. A quorum shall consist of four members in addition to the chairman.
(b) The members of the authority in office on the effective date of this Act shall continue to serve until the expiration of the terms for which they were elected, and their successors shall take office April 1 following the expiration of such terms and their terms shall expire January 31, 1991. Each such member in office on the effective date of this Act shall he deemed to be the representative from the commission district in which such member resides, provided that if two such members reside in the same district, one of such members shall be deemed to be from the at-large position.
(c) The terms of the members created by this Act shall be for two years and shall begin immediately following the effective date of this Act immediately upon their nomination and election as provided in subsection (a) of this section. Any vacancies in office existing prior to this Act shall be filled by nomination and election as provided in subsection (a) of this Act, provided that such member's term of office shall expire January 31 in an odd-numbered year.
(d) Successors to all members shall be nominated and elected as provided in subsection (a) of this section in the month of January immediately preceding the expiration of a member's term of office in odd-numbered years beginning in 1991 and shall serve for terms of two years and until their successors are elected and qualified."
Section 2. Said Act is further amended by striking subsection (a) of Section 3 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The authority so constituted shall elect its own chairman annually from the membership of the authority."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Mobley of the 64th moved that the House agree to the Senate substitute to HB 824.
On the motion the ayes were 110, nays 0.
The motion prevailed.

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

MONDAY, FEBRUARY 27, 1989

1525

Mr. Speaker:
Your Committee on Appropriations 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 141 Do Pass, by Substitute HB 850 Do Pass, as Amended
Respectfully submitted,
IS/ 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 and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 564 Do Pass, by Substitute HB 863 Do Pass, by Substitute SR 92 Do Pass
Respectfully submitted,
IS/Mangum of the 57th
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:
SB 25 Do Pass, by Substitute S B 239 Do Pass HB 810 Do Pass
Respectfully submitted,
IS/ 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 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 41 Do Pass SB 43 Do Pass, by Substitute SB 244 Do Pass

SB 274 Do Pass H B 679 Do Pass, as Amended

JOURNAL OF THE HOUSE,

Respectfully submitted, Is1 Lane of the 27th
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:

HB 916 Do Pass HB 16 Do Pass, by Substitute

SR 35 Do Pass SR 142 Do Pass

Respectfully submitted,
IS/ Kilgore of the 42nd
Chairman

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.

TUESDAY, FEBRUARY 28, 1989
Representative Hall, Atlanta, Georgia Tuesday, February 28,1989

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:

Aaron Abernathy Adams Aiken Alford Atkins Bailey Baker
Balkcom Bannister Barfoot
Barnett,B Barnett,M Beck
Benefield Benn Birdsong Bishop Bostick Branch
Breedlove Brooks Brown Buck Byrd Carrell
Carter Chambless Chance Cheeks Childers

Clark,B Clark,H Clark,L Colbert Coleman Connell Couch Crawford
Crosby Cummings,B Cummings,M Davis$ Davis,G Davis,M Dixon,H
Dixon,S Dobbs Dover Dunn Ehrhart Fennel
Floyd Foster
Godbee Gwdwin
Green Greene Gresham Griffin Groover Hamilton

Hanner Harris
Hasty Heard Herbert Holcomb Holland Hooks Howren Hudson Irwin Isakson Jackson,J Jackson,W Jamieson Jenkins
Johnson Jones Kilgore Lane,D
Lane,R Langford Lawson
Lee Linder Lord
Lupton Mangum Martin
McCoy McDonald

McKelvey McKinney,B McKinney,C Meadows Milam Mobley
M~Y Moore Morton Moultrie Mueller Oliver,C Oliver,M Orr Padgett Pannell Parham Parrish Patten Pettit Poag Porter Poston Powell Rainey Randall Ransom
Ray Reaves Richardson Ricketson

Royal Selman Simpson Sinkfield Smith,L Smith,P Smith,T Smith,W Stancil,F Stancil,S Stanley Steele Stephens Teper Thomaa,M Thompson Titus Tolbert
Townsend
Vaughan
Waddle Walker,L
Wall
Watson
Watts
Williams,B
Williams,J
Yaks
Yeargin
Murphy,Spkr

Prayer was offered by the Reverend Lewis W. Jay, Pastor, Holsey Temple, Christian Methodist Episcopal Church, Atlanta, Georgia.

Representative Balkcom of the 140th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills.

1528

JOURNAL OF THE HOUSE,

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

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

HB 986. By Representatives Jamieson of the l l t h , McDonald of the 12th, Moore of the 139th, Royal of the 144th, Dover of the 11th and others:
A bill to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to the procedure for imposing the special county 1 percent sales and use tax, so as to change the provisions relating to authorized purposes for which the proceeds of such tax are to be used and may be expended.
Referred to the Committee on Ways & Means.

HB 987. By Representative Bannister of the 62nd:
A bill to amend Code Section 27-3-48 of the Official Code of Georgia Annotated, relating to the condemnation of property used in the hunting of deer a t night, so as to provide that, in reference to a vehicle or boat, hunting shall mean the taking of deer by unlawful hunting a t night from a vehicle or boat or the transportation of the carcass, or any part thereof, of a deer unlawfully killed a t night, whether or not the deer was killed from a vehicle or boat.
Referred to the Committee on Game, Fish & Parks.

HB 988. By Representative Poston of the 2nd:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Solid Waste Management Act," so as to preserve certain residential areas by prohibiting the issuance of permits for cert,ain solid waste disposal sites located within specified distances of residential areas.
Referred to the Committee on Natural Resources & Environment.

HB 989. By Representatives Dover of the I l t h , Murphy of the 18th, McKelvey of the 15th and Martin of the 26th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change certain definitions regarding workers' compensation; to change the provisions relating to the appointment of directors emeritus of the State Board of Workers' Compensation; to change the provisions relating to the compensation of such directors emeritus.
Referred to the Committee on Industrial Relations.

HB 990. By Representatives Atkins of the 21st, Howren of the 20th, Aiken of the 21st, Vaughan of the 20th, Gresham of the 21st and others:
A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, so as to change the compensation of said judge.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, FEBRUARY 28, 1989

1529

HB 991. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A bill to provide a short title; to provide for definitions; to authorize the creation and funding of a n enhanced emergency telephone number 911 system special district within the corporate boundaries of Lowndes County; to provide for the district's governing authority; to provide for the collection of service charges.
Referred to the Committee on Industry.

HB 992. By Representative Barnett of the 10th:
A bill to amend an Act relating to the Magistrate Court of Forsyth County, so as to provide for a separate office of the chief magistrate of the Magistrate Court of Forsyth County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 993. By Representative Branch of the 137th:
A bill to amend an Act entitled "an Act to amend an Act to incorporate the City of Fitzgerald, and establishing a new charter therefor," so as to change the provisions relating to the election and terms of the mayor.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 994. By Representative Rainey of the 135th:
A bill to amend an Act providing a new charter for the City of Unadilla, so as to change the corporate limits of the city; to provide that no individual or corporation doing business in the newly annexed area shall be required to pay a business or occupation tax or obtain any license or permit during the calendar year 1989.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 995. By Representative Ray of the 98th:
A bill to grant to the Probate Court of Peach County jurisdiction to try and dispose of cases where a person is charged with the possession of one ounce or less of marijuana under certain circumstances.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 996. By Representative Ray of the 98th:
A bill to amend an Act establishing the City of Byron, so as to change the provisions relating to the clerk, treasurer, and marshal of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 997. By Representatives Stephens of the 68th, Thurmond of the 67th, Irwin of the 13th and Clark of the 13th:
A bill to amend an Act placing the clerk of the Superior Court of Clarke County, the clerk of the State Court of Clarke County, and the ordinary of Clarke County (now known as the Judge of the Probate Court) on a salary system of compensation, so as to change the salary of the chief clerk of the probate judge.
Referred to the Committee on State Planning & Community Affairs - Local.

1530

JOURNAL OF T H E HOUSE,

HB 998. By Representatives Clark of the 20th, Howren of the 20th, Gresham of the 21st, Vaughan of the 20th, Aiken of the 21st and others:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 367. By Representative Lupton of the 25th:
A resolution requesting the House Committee on Natural Resources and Environment to study certain pollution problems.
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 999. By Representative Martin of the 26th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to public health, so as to authorize a competent adult to appoint an attorney in fact for health care to make health care decisions on behalf of such person; to provide for definitions; to provide for a durable power of attorney for health care; to provide for certain required contents of such documents.
Referred to the Committee on Health & Ecology.

HB 1000. By Representatives Orr of the 9th, Jackson of the 9th and Lawson of the 9th:
A bill to amend an Act creating a Board of Commissioners of Hall County, so as to provide that the members of such board of commissioners elected a t the 1992 general election and all subsequent elections shall be elected by a majority vote of electors of each respective district.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1001. By Representatives Ehrhart of the 20th, Atkins of the 21st, Wilder of the 21st, Gresham of the 21st, Clark of the 20th and others:
A bill to provide a new method of appointing members and filling vacancies on the Hospital Authority of Cobb County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1002. By Representatives Snow of the lst, McCoy of the 1st and Crawford of the 5th:
A bill to amend an Act creating the Lookout Mountain Judicial Circuit, so as to authorize the governing authority of each county comprising the Lookout Mountain Judicial Circuit to continue to supplement the state paid compensation of probation officers.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, FEBRUARY 28, 1989

1531

HB 1003. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, so as to change the amount of said supplement.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1004. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, so as to change the county supplement to the state salary of said judges.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1005. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act creating the State Court of Clayton County, so as t o change the compensation of the deputy clerk of said court; to change the compensation of the judge and solicitor of said court.
Referred to the Committee on State Planning & Community Affairs - Local.

H B 1006. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomh of the 72nd and Davis of the 72nd:
A hill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provisions relative to the compensation of the tax commissioner; to change the provisions relative t o the compensation of the deputy tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1007. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the compensation of said officers; to change the compensation of the deputy clerk of the superior court.
Referred to the Committee on State Planning & Community Affairs - Local.

H B 1008. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A hill to amend an Act creating the board of commissioners of Clayton County, so as to change the compensation of the chairman and other members of the board; to extend the number of days within which the final report and audit shall be submitted to the board.
Referred to the Committee on State Planning & Community Affairs - Local.

1532

JOURNAL OF THE HOUSE,

HB 1009. By Representative Dixon of the 128th:
A bill to amend an Act creating a new charter for the City of Pooler, so as to correct a technical error in a description of a tract or parcel of land included within the corporate limits of the City of Pooler.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1010. By Representatives Johnson of the 123rd, Mueller of the 126th, Alien of the 127th, Hamilton of the 124th and Pannell of the 122nd:
A bill to amend an Act creating a new charter for the Town of Thunderbolt, so as to change the corporate limits of the town.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1011. By Representatives Robinson of the 96th, Dunn of the 73rd, Walker of the 115th, Groover of the 99th, Chambless of the 133rd and others:
A bill to amend Article 2 of Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to arbitration in medical malpractice claims, so as to provide for mandatory arbitration of certain medical malpractice claims involving obstetrics, anesthesiology, pediatrics, and neonatalogy.
Referred to the Committee on Judiciary.

HB 1012. By Representatives Stancil of the 8th, Hasty of the 8th and Barnett of the 10th:
A bill to amend an Act providing for the membership of the Board of Education of Cherokee County, so as to provide for a per diem for the members of the board of education.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1013. 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 1014. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act creating a board of commissioners for Rockdale County, so as to change the method of filling vacancies.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1015. By Representatives Chambless of the 133rd and Balkcom of the 140th:
A bill to amend an Act creating the Chehaw Park Authority, so as to provide for a change in the quorum requirement.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, FEBRUARY 28, 1989

1533

HB 1016. By Representatives Chambless of the 133rd, Cummings of the 134th, White of the 132nd and Balkcom of the 140th:
A bill to provide a $2,000.00 homestead exemption from ad valorem taxes of the City of Albany for certain individuals; to provide an additional $2,000.00 homestead exemption from ad valorem taxes of the City of Albany for individuals 65 years of age or older.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1017. By Representative Heard of the 43rd:
A bill to amend an Act repealing and replacing the charter of the Town of Tyrone, so as to provide that candidates for the offices of mayor and councilmember shall have been a resident of such town for two years and shall be at least 21 years of age at the time of the election for such office.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1018. By Representative Ware of the 77th:
A bill to amend an Act creating the Franklin-Heard County Water Authority, so as to change the name of said authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1019. By Representatives White of the 132nd, Cummings of the 134th, Balkcom of the 140th and Chambless of the 133rd:
A bill to authorize the Board of Education of Dougherty County to exercise certain powers relative to transfer students and students who wish to attend schools in school districts other than the districts of their residences.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1020. By Representative Brown of the 88th:
A bill to amend Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, osteopaths, and physician's assistants in general, so as to provide that an applicant for a license to practice the healing arts in this state shall be required to accept and treat medicare and Medicaid patients.
Referred to the Committee on Health & Ecology.

HB 1021. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to authorize the board of commissioners of Clayton County to supplement the salaries of the state probation officers and other probation personnel of the Clayton Judicial Circuit.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1022. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said officer; to provide for an alternative salary under certain conditions.
Referred to the Committee on State Planning & Community Affairs - Local.

1534

JOURNAL OF THE HOUSE,

HB 1023. By Representatives Holmes of the 28th, Walker of the 85th, Smyre of the 92nd, Langford of the 7th, Rieketson of the 82nd 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; to define certain terms; to provide exceptions to the licensing requirement; to provide for qualifications for licensure.
Referred to the Committee on Banks & Banking.

HB 1024. By Representatives Moody of the 153rd and Byrd of the 153rd:
A bill to amend an Act changing the composition of the City Council and the method of electing councilmen of the City of Baxley in Appling County, so as to change the terms of office and reelection dates of members of the council.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1025. By Representatives Dixon of the 151st and Crosby of the 150th:
A bill to amend an Act providing a new charter for the City of Waycross, so as to revise and restate the charter of the City of Waycross.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1026. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act changing the composition of and manner of selection of the members of the Board of Education of Clayton County, so as to change the composition of the board of education; to change the education districts; to provide for the nomination and election of members of the board of education from separate education districts in nonpartisan primaries and elections.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 369. By Representatives Dunn of the 73rd, Ware of the 77th, Dobbs of the 74th and Porter of the 119th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of the Georgia Health Insurance Trust Fund to be used for the purpose of providing health insurance coverage to persons otherwise unable to obtain health insurance coverage.
Referred to the Committee on Insurance.

HR 370. By Representatives Richardson of the 52nd, Edwards of the 112th, Oliver of the 53rd, Lee of the 72nd, Benefield of the 72nd and others:
A resolution supporting the development of an Autism Resource Center for the State of Georgia.
Referred to the Committee on Health & Ecology.

TUESDAY, FEBRUARY 28, 1989

1535

HR 371. By Representative Hamilton of the 124th: A resolution creating the House Strategic Planning Study Committee.
Referred to the Committee on State Planning & Community Affairs.

HR 372. By Representatives Hamilton of the 124th and Langford of the 7th:
A resolution proposing an amendment to the Constitution so as to provide that a Governor and a Lieutenant Governor shall hold office for one six-year term; to clarify the terms of certain other constitutional officers.
Referred to the Committee on Governmental Affairs.

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

HB 965 HB 966 HB 967 HB 968 HB 969 HB 970 HB 971 HB 972 HB 973 HB 974 HB 975 HB 976 HB 977 HB 978 HB 979 HB 980 HB 981

HB 982 HB 983 HB 984 HB 985 HR 354 HR 365 HR 366 SB 164 SB 313 SB 318 SB 319 SB 324 SB 335 SB 343 SB 347 SB 363 SB 364

Representative Mangum of the 57th District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 954 Do Pass, by Substitute HR 312 Do Pass
Respectfully submitted, /s/ Mangum of the 57th
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:

1536

JOURNAL OF THE HOUSE,

HR 14 Do Pass, as Amended

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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 275 Do Pass SB 317 Do Pass
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 recommendations:

HB 789 Do Pass, as Amended HB 956 Do Pass HB 957 Do Pass HB 960 Do Pass HB 961 Do Pass HB 962 Do Pass HB 515 Do Pass

HB 836 Do Pass HB 837 Do Pass HB 926 Do Pass HB 932 Do Pass HB 959 Do Pass SB 327 Do Pass, as Amended

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 28, 1989

Mr. Speaker and Members of the House:

The House Committee on Rules has fixed the calendar for this 33rd Legislative Day as enumerated below:

HB 16 HB 55 HB 80 HB 306 HB 390 HB 497

Developmental Highways: Funding Supreme Court Justices: Court of Appeals Judges: Compensation South Africa: Prohibit Investments of State Funds Eastern Judicial Circuit: Add Judge Human Resources Dept.: Child Welfare Service and Service to Courts Atlanta: Certain Contracts: Mayoral Authorization

TUESDAY, FEBRUARY 28, 1989

1537

HB 552 HB 559 HB 564 HB 721 HB 839 HB 878 HB 916 HB 922

Pesticides: Aerial Contractor: Licensing Chattahoochee Judicial Circuit: Add Judge Teachers: Resignation, Termination, Etc.: Notify Commission Atlanta Judicial Circuit: Add Judge Legal Advertisements: Rates Post-Mortem Examination: Local Medical Examiner: Definition (Rec.) Driver's License: Suspension: Defensive Driving Course: Req. Cherokee Judicial Circuit: Add Judge

HR 196 Medical Assistance: Urge Control of Drug Expenditures HR 316 Joint Title 40 Study Committee: Create

SR 68 Tattnall County: Grant Easement

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/ Groover of the 99th
Vice Chairman

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

Representative Lawrence of the 49th moved that the following Bill of the House be withdrawn from the Local Calendar and recommitted to the Committee on State Planning
and Community Affairs:

HB 962. By Representatives Richardson of the 52nd, Redding of the 50th, Oliver of the 53rd, Williams of the 54th, Teper of the 46th and others:
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.

The motion prevailed.

The following statement was received:

Mr. Clerk

Please let the records show that I voted no on HB 962.

2/28/89

/s/ Johnny Isakson District 21, Post 2

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

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.

1538

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 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.

The following amendment was read and adopted:

The Committee on State Planning & Community Affairs moves to amend HB 789 by striking all of line 7 on page 3, which reads as follows:
"appoint a chairperson from the membership who shall serve",
and inserting in lieu thereof the following language:
"be the chairperson who shall serve".

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 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.

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

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.

The report of the Committee, which was favorable to the passage of the Bill, was 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 28, 1989

1539

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.

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

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.

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

HB 956. By Representatives Floyd of the 154th and Chance of the 129th:
A bill to amend an Act creating a new charter of the City of Hinesville, so as to provide for the election of city council members from districts by the residents of such districts; to provide for districts; to provide for general municipal elections and terms of office; to provide for 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 957. By Representative Smith of the 78th:
A bill to amend an Act abolishing the present method of compensating the tax commissioner of Butts County known as the fee system and providing in lieu thereof an annual salary, so as to provide a supplement to the annual salary of the tax commissioner.

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

1540

JOURNAL OF THE HOUSE,

HB 959. By Representatives Stephens of the 68th, Thurmond of the 67th, Clark of the 13th and Irwin of the 13th:
A bill to provide for the Athens-Clarke 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 encourage the treatment of persons for alcohol and substance abuse.

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

HB 960. By Representatives Byrd of the 153rd, Barfoot of the 120th and Moody of the 153rd:
A bill to amend an Act creating the board of commissioners of Toombs County, so as to change the compensation of the chairman and other members of the board of commissioners.

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

HB 961. By Representatives Chambless of the 133rd, White of the 132nd, Cummings of the 134th and Balkcom of the 140th:
A bill to amend an Act creating a new charter for the City of Albany, so as to change the provisions relating to the time of election, the taking of office, and terms of office of the mayor and commissioners.

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

SB 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.

The following amendment was read and adopted:

The Committee on State Planning & Community Affairs moves to amend SB 327 by striking line 39 of page 5 and inserting in lieu thereof the following:
"that he is authorized to charge".

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

TUESDAY, FEBRUARY 28, 1989

1541

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

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

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

SB 375. By Senator Kennedy of the 4th:
A bill to amend an Act creating a new charter for the City of Ludowici, as amended, so as to provide that such city shall consist of one election district with five numbered posts; to provide for elections.

SB 376. By Senator Kidd of the 25th:
A bill to abolish the present method of compensating the clerk of the Superior Court of Jasper County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements.

SB 377. By Senators Newbill of the 56th, Clay of the 37th and Barnes of the 33rd:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County; to provide an effective date.

SB 379. By Senators Ragan of the 32nd, Newbill of the 56th, Barnes of the 33rd and others:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to create the position of chief judge of the State Court of Cobb County; to change the compensation of the judges of the State Court of Cobb County; to provide for the power, authority, and functions of the chief judge; to provide for the salary of the chief judge.

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.

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.

1542

JOURNAL OF THE HOUSE,

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

TUESDAY, FEBRUARY 28, 1989

1543

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.

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.

SB 237. By Senators English of the 21st, Gillis of the 20th and Kennedy of the 4th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide that contracts or service agreements for private solid waste collection or disposal services shall continue for a certain period after a county or municipality expands solid waste collection or disposal services into the area covered by the private contract or service agreement.

SB 309. By Senator Peevy of the 48th:
A bill to amend Code Section 52-7-8.1 of the Official Code of Georgia Annotated, relating to the discharge of sewage from vessels on Lake Sidney Lanier, so as to provide for certain exemptions with respect to vessels constructed on or before January 1, 1978.

SB 311. By Senators Deal of the 49th and Foster 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 change the provisions relating to the qualifications and disqualifications for membership on the board.

SB 323. By Senator Coverdell of the 40th:
A bill to amend Code Section 36-30-3 of the Official Code of Georgia Annotated, relating to the prohibition of councils binding future councils, so as to change the provisions relating to governing authorities of municipal corporations having a population of not less than 400,000.

SB 345. By Senator Foster of the 50th:
A bill to amend Code Section 20-2-51 of the Official Code of Georgia Annotated, relating to selection and eligibility of members of county boards of education, so as to provide conditions of eligibility to serve as a member of any local board of education.

SB 350. By Senator Kidd of the 25th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to provide that certain children or youth in the physical custody of the Department of Corrections or the Department of Human Resources shall not be eligible for enrollment in the educational programs of the local unit of administration of the school district where the child or youth is being held.

1544

JOURNAL OF THE HOUSE,

SB 354. By Senators Deal of the 49th and Garner of the 30th:
A bill to amend Code Section 42-5-50 of the Official Code of Georgia Annotated, relating to transmittal of information on convicted persons, places of detention, and custody of inmates, so as to change the provisions relating to transmittal of information on convicted persons.

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.

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.

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.

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

SR 54. 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 128. By Senators Edge of the 28th, Baldwin of the 29th and Dean of the 31st: A resolution creating the Joint West Point Lake Study Committee.

SR 152. By Senators Foster of the 50th, Tysinger of the 41st, Deal of the 49th and others:
A resolution creating a Joint Study Committee on the Equalized Adjusted School Property Tax Digest.

SR 154. By Senator Pollard of the 24th:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a fiber optic cable in, on, over, under, upon, across, and through property owned by the State of Georgia in Taliaferro County, Georgia; to provide an effective date.

TUESDAY, FEBRUARY 28, 1989

1545

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.
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 Senate has agreed to the House amendment to the following Bill and Resolution of the Senate:
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.

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.

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

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

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.

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.

1546

JOURNAL OF THE HOUSE,

The Senate has adopted, by substitute, by the requisite constitutional majority the following Resolution 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.

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

SB 208. By Senators Tate of the 38th, Scott of the 36th and Langford of the 35th:
A bill to amend Article 5 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "State Housing Trust Fund for the Homeless Act," so as to require the State Housing Trust Fund for the Homeless Commission, in cooperation with the Department of Human Resources and the Department of Community Affairs, to develop and implement a program to provide shelter and meals to certain homeless persons.

SB 270. By Senator Barnes of the 33rd:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change the provisions relating to notices of special meetings of agencies; to define the term "agency" as used in the laws relating to inspection of public records.

SB 271. By Senator Barnes of the 33rd:
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.

SB 310. By Senators Howard of the 42nd and Langford of the 35th:
A bill to amend Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service, so as to authorize the Public Service Commission to establish, administer, and promote a statewide dual party telephone relay system for the utilization of telecommunication services by hearing impaired persons, speech impaired persons, and persons who are similarly impaired.

SB 320. By Senator Barnes of the 33rd:
A bill to amend Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services personnel, so as to provide for definitions; to provide for a program to ensure appropriate physician direction over the rendering of emergency medical services by certain emergency medical services personnel; to provide for duties and responsibilities of the ambulance service medical director.

TUESDAY, FEBRUARY 28, 1989

1547

SB 333. By Senators English of the 21st, Albert of the 23rd and Olmstead of the 26th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to provide that the governing bodies of certain hospitals, in considering whether to grant staff privileges to licensed medical practitioners, shall not discriminate among qualified applicants on the basis of an applicant's degree.
SB 342. By Senators Tate of the 38th, Parker of the 15th and Garner of the 30th:
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.
SB 346. By Senator Kidd of the 25th:
A bill to amend Code Section 50-13-13 of the Official Code of Georgia Annotated, relating to the opportunity for a hearing in contested cases under the "Georgia Administrative Procedure Act," so as to authorize an agency, after a hearing upon a contested case, to withdraw into private session to deliberate on findings of fact and any penalties based upon the evidence introduced on matters officially noticed in such a hearing.

SB 351. By Senator Kidd of the 25th:
A bill to amend Code Section 21-5-50 of the Official Code of Georgia Annotated, relating to the filing of financial disclosure statements by public officers and candidates for public office, so as to change the provisions relating to the time of filing financial disclosure statements by candidates for public office.

SB 353. By Senators Barker of the 18th, Langford of the 35th and Newbill of the 56th:
A bill to amend Code Section 15-11-49 of the Official Code of Georgia Annotated, relating to the definitions, procedures and hearings, and disposition and transfers of juvenile traffic offenses, so as to provide that fines be remitted to a children and youth investment fund; to create a children and youth investment fund for each county of the State of Georgia.

SB 361. By Senators Tysinger of the 41st, Scott of the 2nd, Edge of the 28th and others:
A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to public property, so as to provide certain requirements relative to resolutions conveying or leasing or granting easements over or for the use of state owned real property.
SB 367. By Senators Clay of the 37th, Ragan of the 32nd and Coverdell of the 40th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for legislative intent; to provide a short title; to provide for definitions; to create public bodies corporate and politic as detention buildings and facilities authorities; to provide for the activation of such detention buildings and facilities authorities.

1548

JOURNAL OF THE HOUSE,

SB 368. By Senators Foster of the 50th and Deal of the 49th:
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.
SB 355. By Senators Barker of the 18th, Kidd of the 25th and Walker of the 43rd:
A bill to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to create the Georgia Children and Youth Overview Committee; to provide for members, officers, duties, functions, powers, authority, compensation, appointments, and vacancies; to provide for funds; to provide for matters relative to the foregoing; to provide for an effective date.
SB 360. By Senators English of the 21st and Kidd of the 25th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change the definition of certain terms.
SB 369. By Senators Clay of the 37th, Tysinger of the 41st and Coleman of the 1st:
A bill to amend Code Section 36-62-2 of the Official Code of Georgia Annotated, relating to definitions used in the "Development Authorities Law," so as to provide that the definition of the term "project," as such term applies to development authorities, shall include certain facilities to be used by universities or athletic associations in connection with intercollegiate athletics.
SB 371. By Senator Deal of the 49th:
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 provide for a statement of basic principles relative to the detention of juveniles.
SB 374. By Senators Barker of the 18th, Burton of the 5th and Langford of the 35th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish goals for the at-risk children and youth in the State of Georgia; to amend Code Section 45-12-78 of the Official Code of Georgia Annotated, relating to the duty of budget unit heads to submit annual estimates, so as to require the head of each budget unit to submit as a part of such unit's annual budget request certain information relating to programs affecting children and youth.
SB 382. By Senator Barker of the 18th:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to provide for designation of community innovation zones; to provide for their powers and duties; to provide for development of decategorization of resources for children and youth service; to provide for development of alternative reimbursement systems.
SB 383. By Senator Barker of the 18th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide incentives for increasing local juvenile justice services; to provide for funding to assist counties in developing additional juvenile services; to provide for development of a formula for allocation of such funding; to provide effective dates.

TUESDAY, FEBRUARY 28, 1989

1549

SB 280. By Senator Howard of the 42nd:
A bill to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to restrict the authority of the State Board of Pardons and Paroles to parole persons convicted of certain felonies until such persons have served at least one-third of the sentence imposed by the court for any such felony.

SB 227. By Senators Tate of the 38th, Langford of the 35th and Coverdell of the 40th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile courts, so as to authorize a program of state subsidies to assist certain counties in the funding of juvenile intake workers and juvenile probation officers; to provide for other matters relative to the foregoing; to provide effective dates.

SB 296. By Senator Kidd of the 25th:
A bill to amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for construction of public works, so as to provide that contracts for construction of public works financed from public funds or constructed on public property shall be subject to certain restrictions.

SB 372. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to minimum compensation of chief magistrates, so as to change the provisions relating to minimum compensation; to provide an effective date.

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

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 Senate insists on its substitute to the following Bills of the House:

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.

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.

1550

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SB 208. By Senators Tate of the 38th, Scott of the 36th and Langford of the 35th:
A bill to amend Article 5 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "State Housing Trust Fund for the Homeless Act," so as to require the State Housing Trust Fund for the Homeless Commission, in cooperation with the Department of Human Resources and the Department of Community Affairs, to develop and implement a program to provide shelter and meals to certain homeless persons.
Referred to the Committee on Health & Ecology.

SB 227. By Senators Tate of the 38th, Langford of the 35th and Coverdell of the 40th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile courts, so as to authorize a program of state subsidies to assist certain counties in the funding of juvenile intake workers and juvenile probation officers; to provide for other matters relative to the foregoing; to provide effective dates.
Referred to the Committee on Appropriations.

SB 237. By Senators English of the 21st, Gillis of the 20th and Kennedy of the 4th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide that contracts or service agreements for private solid waste collection or disposal services shall continue for a certain period after a county or municipality expands solid waste collection or disposal services into the area covered by the private contract or service agreement.
Referred to the Committee on State Planning & Community Affairs.

SB 270. By Senator Barnes of the 33rd:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change the provisions relating to notices of special meetings of agencies; to define the term "agency" as used in the laws relating to inspection of public records.
Referred to the Committee on Judiciary.

SB 271. By Senator Barnes of the 33rd:
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.

SB 280. By Senator Howard of the 42nd:
A bill to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to restrict the authority of the State Board of Pardons and Paroles to parole persons convicted of certain felonies until such persons have served at least one-third of the sentence imposed by the court for any such felony.
Referred to the Committee on State Institutions & Property.

TUESDAY, FEBRUARY 28, 1989

1551

SB 296. By Senator Kidd of the 25th:
A bill to amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for construction of public works, so as to provide that contracts for construction of public works financed from public funds or constructed on public property shall be subject to certain restrictions.
Referred to the Committee on Governmental Affairs.

SB 309. By Senator Peevy of the 48th:
A bill to amend Code Section 52-7-8.1 of the Official Code of Georgia Annotated, relating to the discharge of sewage from vessels on Lake Sidney Lanier, so as to provide for certain exemptions with respect to vessels constructed on or before January 1, 1978.
Referred to the Committee on Game, Fish & Parks.

SB 310. By Senators Howard of the 42nd and Langford of the 35th:
A bill to amend Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service, so as to authorize the Public Service Commission to establish, administer, and promote a statewide dual party telephone relay system for the utilization of telecommunication services by hearing impaired persons, speech impaired persons, and persons who are similarly impaired.
Referred to the Committee on Industry.

SB 311. By Senators Deal of the 49th and Foster 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 change the provisions relating to the qualifications and disqualifications for membership on the board.
Referred to the Committee on Education.

SB 320. By Senator Barnes of the 33rd:
A bill to amend Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services personnel, so as to provide for definitions; to provide for a program to ensure appropriate physician direction over the rendering of emergency medical services by certain emergency medical services personnel; to provide for duties and responsibilities of the ambulance service medical director.
Referred to the Committee on Health & Ecology.

SB 323. By Senator Coverdell of the 40th:
A bill to amend Code Section 36-30-3 of the Official Code of Georgia Annotated, relating to the prohibition of councils binding future councils, so as to change the provisions relating to governing authorities of municipal corporations having a population of not less than 400,000.
Referred to the Committee on State Planning & Community Affairs - Local.

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SB 333. By Senators English of the 21st, Albert of the 23rd and Olmstead of the 26th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to provide that the governing bodies of certain hospitals, in considering whether to grant staff privileges to licensed medical practitioners, shall not discriminate among qualified applicants on the basis of an applicant's degree.
Referred to the Committee on Health & Ecology.
SB 342. By Senators Tate of the 38th, Parker of the 15th and Garner of the 30th:
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.
SB 345. By Senator Foster of the 50th:
A bill to amend Code Section 20-2-51 of the Official Code of Georgia Annotated, relating to selection and eligibility of members of county boards of education, so as to provide conditions of eligibility to serve as a member of any local board of education.
Referred to the Committee on Education.

SB 346. By Senator Kidd of the 25th:
A bill to amend Code Section 50-13-13 of the Official Code of Georgia Annotated, relating to the opportunity for a hearing in contested cases under the "Georgia Administrative Procedure Act," so as to authorize an agency, after a hearing upon a contested case, to withdraw into private session to deliberate on findings of fact and any penalties based upon the evidence introduced on matters officially noticed in such a hearing.
Referred to the Committee on State Planning & Community Affairs.

SB 350. By Senator Kidd of the 25th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to provide that certain children or youth in the physical custody of the Department of Corrections or the Department of Human Resources shall not be eligible for enrollment in the educational programs of the local unit of administration of the school district where the child or youth is being held.
Referred to the Committee on Education.

SB 351. By Senator Kidd of the 25th:
A bill to amend Code Section 21-5-50 of the Official Code of Georgia Annotated, relating to the filing of financial disclosure statements by public officers and candidates for public office, so as to change the provisions relating to the time of filing financial disclosure statements by candidates for public office.
Referred to the Committee on Rules.

TUESDAY, FEBRUARY 28, 1989

1553

SB 353. By Senators Barker of the 18th, Langford of the 35th and Newbill of the 56th:
A bill to amend Code Section 15-11-49 of the Official Code of Georgia Annotated, relating to the definitions, procedures and hearings, and disposition and transfers of juvenile traffic offenses, so as to provide that fines be remitted to a children and youth investment fund; to create a children and youth investment fund for each county of the State of Georgia.
Referred to the Committee on Judiciary.

SB 354. By Senators Deal of the 49th and Garner of the 30th:
A bill to amend Code Section 42-5-50 of the Official Code of Georgia Annotated, relating to transmittal of information on convicted persons, places of detention, and custody of inmates, so as to change the provisions relating to transmittal of information on convicted persons.
Referred to the Committee on State Institutions & Property.

SB 355. By Senators Barker of the 18th, Kidd of the 25th and Walker of the 43rd:
A bill to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to create the Georgia Children and Youth Overview Committee; to provide for members, officers, duties, functions, powers, authority, compensation, appointments, and vacancies; to provide for funds; to provide for matters relative to the foregoing; to provide for an effective date.
Referred to the Committee on Rules.

SB 360. By Senators English of the 21st and Kidd of the 25th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change the definition of certain terms.
Referred to the Committee on Health & Ecology.

SB 361. By Senators Tysinger of the 41st, Scott of the 2nd, Edge of the 28th and others:
A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to public property, so as to provide certain requirements relative to resolutions conveying or leasing or granting easements over or for the use of state owned real property.
Referred to the Committee on State Institutions & Property.

SB 367. By Senators Clay of the 37th, Ragan of the 32nd and Coverdell of the 40th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for legislative intent; to provide a short title; to provide for definitions; to create public bodies corporate and politic as detention buildings and facilities authorities; to provide for the activation of such detention buildings and facilities authorities.
Referred to the Committee on State Planning & Community Affairs.

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SB 368. By Senators Foster of the 50th and Deal of the 49th:
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.

SB 369. By Senators Clay of the 37th, Tysinger of the 41st and Coleman of the 1st:
A bill to amend Code Section 36-62-2 of the Official Code of Georgia Annotated, relating to definitions used in the "Development Authorities Law," so as to provide that the definition of the term "project," as such term applies to development authorities, shall include certain facilities to be used by universities or athletic associations in connection with intercollegiate athletics.
Referred to the Committee on Industry.

SB 371. By Senator Deal of the 49th:
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 provide for a statement of basic principles relative to the detention of juveniles.
Referred to the Committee on Judiciary.

SB 372. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to minimum compensation of chief magistrates, so as to change the provisions relating to minimum compensation; to provide an effective date.
Referred to the Committee on Judiciary.

SB 374. By Senators Barker of the 18th, Burton of the 5th and Langford of the 35th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish goals for the at-risk children and youth in the State of Georgia; to amend Code Section 45-12-78 of the Official Code of Georgia Annotated, relating to the duty of budget unit heads to submit annual estimates, so as to require the head of each budget unit to submit as a part of such unit's annual budget request certain information relating to programs affecting children and youth.
Referred to the Committee on Appropriations.

SB 375. By Senator Kennedy of the 4th:
A bill to amend an Act creating a new charter for the City of Ludowici, as amended, so as to provide that such city shall consist of one election district with five numbered posts; to provide for elections.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, FEBRUARY 28, 1989

1555

SB 376. By Senator Kidd of the 25th:
A bill to abolish the present method of compensating the clerk of the Superior Court of Jasper County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 377. By Senators Newbill of the 56th, Clay of the 37th and Barnes of the 33rd:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 379. By Senators Ragan of the 32nd, Newbill of the 56th, Barnes of the 33rd and others:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to create the position of chief judge of the State Court of Cobb County; to change the compensation of the judges of the State Court of Cobb County; to provide for the power, authority, and functions of the chief judge; to provide for the salary of the chief judge.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 382. By Senator Barker of the 18th:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to provide for designation of community innovation zones; to provide for their powers and duties; to provide for development of decategorization of resources for children and youth service; to provide for development of alternative reimbursement systems.
Referred to the Committee on Human Relations & Aging.

SB 383. By Senator Barker of the 18th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide incentives for increasing local juvenile justice services; to provide for funding to assist counties in developing additional juvenile services; to provide for development of a formula for allocation of such funding; to provide effective dates.
Referred to the Committee on Judiciary.

SR 54. 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.

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SR 128. By Senators Edge of the 28th, Baldwin of the 29th and Dean of the 31st: A resolution creating the Joint West Point Lake Study Committee.
Referred to the Committee on Rules.

SR 152. By Senators Foster of the 50th, Tysinger of the 41st, Deal of the 49th and others:
A resolution creating a Joint Study Committee on the Equalized Adjusted School Property Tax Digest.
Referred to the Committee on Rules.

SR 154. By Senator Pollard of the 24th:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a fiber optic cable in, on, over, under, upon, across, and through property owned by the State of Georgia in Taliaferro County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SR 164. By Senator Garner of the 30th:
A resolution authorizing the lease of a certain tract of state owned real property; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SR 171. By Senator Coleman of the 1st:
A resolution authorizing the exchange of certain state owned real properties located in Chatham County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SR 175. By Senator McKenzie of the 14th:
A resolution authorizing the conveyance of certain state owned real property located in Sumter County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

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

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.

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

TUESDAY, FEBRUARY 28, 1989

1557

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.

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
Alford Y Alien
Athon
Y Atkins Y Bailey
Baker
Y Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett.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 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
Cummings.B Y Cummings,M Y Davis,C
Davis.G Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover YDunn 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
Hanner 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 Y Jackson, W Y Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore
Kingston Y Lane.D Y Lane.R
Langford
Lawrence Y Lawson YLee Y Linder
Long YLord
Lucas Y Lupton
Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B

Y McKinney.C Y Meadows YMilam Y Mobley
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 Pinkston
YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom
Ray Y Reaves
Redding Richardson Y Ricketson Robinson Y Royal Y Selman Y Simpson

Y Sinkfield Y Smith.L Y Smith.P Y Smith.T
Smith.W Smyre Snow
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 Walker,L
Y Wall 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, the ayes were 135, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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.

The following amendment was read and adopted:

Representatives Walker of the 115th, Chambless of the 133rd and Lee of the 72nd move to amend HB 839 as follows:
By striking on page 1 line 15 the following:

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"$9.00"; and inserting in lieu thereof:
"$8.00"; and by striking on page 1 line 18:
"8.00";
and inserting in lieu thereof: "$7.00".

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

Aaron Abernathy Y Adams
Y Aiken Alford
Y Alien Athon
Y Atkins Y Bailey
Baker Y Balkcora Y Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett.M YBeck N Benefield YBenn Y Birdsong
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
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 N Davis.C
Davis.G Davis.M Y Dixon.H
Y Dixon,S Y Dobbs Y Dover N Dunn
Edwards
Y Ehrhart Felton
N Fennel Y Floyd Y Foster N Godbee Y Goodwin Y Green N Greene Y Gresham Y Griffin Y Groover
Hamilton
Y Manner N Harris

Y Hasty Y Heard Y Herbert N Holcomb Y Holland Y Holmes
Hooks Y Howren Y Hudson
Y Irwin Y Isakson
Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston Y Lane,D N Lane.R
Langford Lawrence N Lawson YLee Y Linder YLong
YLord 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 N Moultrie Y Mueller
Y Oliver.C Oliver.M
NOrr
Orrock Y Padgett Y Pannell
Y Parham Y Parrish Y Patten Y Pettit
Pinkston YPoag
Porter N Poston Y Powell
Rainey Y Randall Y Ransom
YRay Y Reaves
Redding Richardson
Y Ricketson Y Robinson Y Royal
Selman Y Simpson

Y Sinkfield Y Smith.L Y Smith.P
Smith.T
Y Smith,W Smyre Snow
Y Stancil.F Y Stancil,S
Y Stanley Y Steele Y Stephens
Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus
Tolbert Y Townsend Y Twiggs Y Vaughan N Waddle
Walker.C Y Walker.L N Wall
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 123, nays 16.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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.

TUESDAY, FEBRUARY 28, 1989

1559

The following Committee substitute was read and adopted:

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 for conduct involving moral turpitude; to provide for notice if an educator is cleared of wrongdoing and removal of previous report; to provide for optional notices with respect to letters of reprimand; to provide that the commission shall maintain a permanent employment history for each educator who is the subject of such a notice; to provide for confidentiality; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the Professional Practices Commission, is amended by adding after Code Section 20-2-795 a new Code Section 20-2-795.1 to read as follows:
"20-2-795.1. (a) Each local superintendent shall be required to give written notice to the commission within 30 days after any educator employed by the local system has resigned while under investigation or to prevent investigation or whose contract of employment has been terminated, suspended, or nonrenewed or who has been demoted under Part 7 of this article for conduct involving moral turpitude, including, but not limited to, murder, voluntary manslaughter, aggravated assault, battery, aggravated battery, or kidnapping, as defined in Chapter 5 of Title 16; any sexual offense provided for in Chapter 6 of Title 16; any offense involving theft, as provided for in Articles 1 and 2 of Chapter 8 of Title 16; sexual exploitation of a minor, as provided for in Code Section 16-12-100; any offense involving marijuana or a controlled substance, as provided for in Chapter 13 of Title 16; unlawfully operating a motor vehicle after being declared a habitual violator, as provided for in Code Section 40-5-58.
(b) Upon receipt of a notice under subsection (a) of this Code section, the commission shall prepare and maintain a permanent employment history on the educator who is the subject of the notice. Such employment history shall include the contents of the notice transmitted under subsection (a) of this Code section, the contents of any future such notice with respect to such educator, and such other matter as may be prescribed by the commission. The local superintendent is required to notify the Professional Practices Commission when persons are found innocent of wrongdoing that has previously been reported and the commission shall strike from the record all evidence of the previous notice and employment history.
(c) Each local board may request the commission for access to the permanent employment history of an educator who is a candidate for employment in the local school system under the jurisdiction of the local board for the purpose of verifying the professional qualifications and employment history of such candidate.
(d) A permanent employment history required by subsection (a) of this Code section shall not be considered a public record under Code Section 50-18-70, shall not be available for inspection by the general public, and shall only be available for inspection by the educator who is the subject of the history or a local board when considering such educator as a candidate for employment.
(e) Any superintendent reporting in conformity with subsection (a) of this Code section shall in so doing be immune from any civil or criminal liability that might otherwise be incurred or imposed, provided that such reporting is made in good faith. However, the willful failure of a local superintendent to comply with subsection (a) of this Code section shall be grounds for the nonrenewal, revocation, or suspension of the local superintendent's professional certification. The reporting requirements set forth in subsection (a) of this Code section are in addition to and not a substitute for any and all other reporting requirements related to child abuse which exist under Georgia law."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Aaron Y Abernathy N Adams
Y Aiken Alford
N Alien Y Athon Y Atkins N Bailey
Baker N Balkcom Y Bannister
Y Barfoot Bargeron
Y Barnett.B Barnett.M Beck
N Benefield YBenn Y Birdsong Y Bishop Y Bostick N Branch
Y Breedlove Y Brooks Y Brown YBuck N Buford YByrd
Carrell
Y Carter N Chambless N Chance Y Cheeks N Childers
Clark.B

Y Clark.H Y Clark.L Y Colbert Y Coleman
Colwell N Connell
N Couch Cox
N Crawford
N Crosby N Cummings,B
N Cummings.M N Davis.C N Davis.G
Davis.M N Dixon.H Y Dixon.S
Y Dobbs N Dover NDunn
Edwards Y Ehrhart Y Felton N Fennel N Floyd Y Foster Y Godbee Y Goodwin
Green N Greene Y Gresham N Griffin N Groover N Hamilton N Manner
Y Harris

N Hasty Y Heard N Herbert N Holcomb N Holland Y Holmes Y Hooks Y Howren
Y Hudson N Irwin
Y Isakson Y Jackson,J Y Jackson.W Y Jamieson N Jenkins Y Johnson Y Jones N Kilgore
Kingston Lane,D
Y Lane,R Y Langford
Lawrence Y Lawson NLee Y Linder YLong NLord
Lucas
Y Lupton Y Mangum N Martin Y McCoy Y McDonald Y McKelvey
McKinney.B

Y McKinney.C N Meadows NMilam
Mobley N Moody Y Moore Y Morton N Moultrie Y Mueller
Oliver.C Oliver.M
YOrr N Orrock Y Padgett Y Pannell Y Parham Y Parrish
N Patten N Pettit
Pinkston YPoag Y Porter YPoston
Y Powell N Hainey NRandall
Y Ransom NRay
Reaves Redding Richardson Y Ricketeon N Robinson N Royal Y Selman N Simpson

N Sinkfield Y Smith.L N Smith,P N Smith.T Y Smith.W
YSmyre Y Snow
Y Stancil.F Y Stancil,S Y Stanley Y Steele Y Stephens
Teper Y Thomas.C
Thomas,M Y Thompson Y Thurmond
Y Titus Tolbert
Y Townsend Twiggs
Y Vaughan Y Waddle Y Walker.C Y Walker,L N Wall
Ware N Watson Y Watts Y White Y Wilder
Williams,B Williams.J Y Yates N Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 90, nays 57.
The Bill, by substitute, having failed to receive the requisite constitutional majority, was lost.

Representative Aiken of the 21st moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

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.

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

Y Aaron Y Abernathy N Adams Y Aiken

Y Alford N Alien Y Athon Y Atkins

N Bailey Baker
N Balkcom Y Bannister

Y Barfoot Bargeron
Y Barnett.B Y Barnett,M

Beck N Benefield YBenn Y Birdsong

TUESDAY, FEBRUARY 28, 1989

1561

Y Bishop Y Bostick
Branch Y Breedlove Y Brooks Y Brown
YBuck N Buford YByrd Y Carrell Y Carter N Chambless
N Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L
Colbert Y Coleman
Colwell N Connell
N Couch Cox
Y Crawford Y Crosby Y Cummings.B N Cummings,M N Davis.C N Davis.G
Y Davis.M Y Dixon.H

Y Dixon.S
Y Dobbs N Dover N Dunn
Edwards Y Ehrhart Y Felton N Fennel N Floyd Y Foster Y Godbee Y Goodwin
Green N Greene Y Gresham Y Griffin N Groover N Hamilton
Y Banner Y Harris Y Hasty Y Heard N Herbert N Holcomb
Y Holland Y 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
Kilgore Kingston Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson NLee Y Linder YLong
NLord Lucas
Y Lupton Y Mangum
Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C Y Meadows N Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie

Y Mueller Oliver.C
Y Oliver.M YOrr
N Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten N Pettit Y Pinkston
YPoag Y Porter N Poston Y Powell
Rainey NRandall
Y Ransom YRay
Y Reaves Redding Richardson
Y Ricketson
N Robinson Y Royal Y Selman N Simpson
Sinkfield Y Smith,L
N 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 Y Thomas.M Y Thompson
N Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L N Wall
Ware N Watson Y Watte Y White Y Wilder Y Williams.B Y Williams,J Y Yates N Yeargin
Murphy ,Spkr

On the motion, the ayes were 119, nays 38. The motion prevailed.

Representative Poston of the 2nd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker Pro Tern assumed the Chair.

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.

The following amendment was read and adopted:

Representatives Walker of the 115th, Groover of the 99th and Lee of the 72nd move to amend HB 55 as follows:
1. By deleting the words "..., until changed and provided for in subsection (c) of this Code section, ..." on page 1 and 3
2. By changing the figure "$90,514.00" on page 1 to "$80,600.00"
3. By changing the figure "89,931.00" on page 3 to "$80,000.00"
4. By deleting the words "...subsections (b) and (c) on line 21 page 2 and substituting in lieu thereof "...subsection (b)..."

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5. By deleting the words "...subsections (b) and (c) on line 31 page 3 and substituting in lieu thereof "...subsection (b)..."
6. By deleting in its entirety lines 1 thru 19 on page 2 and lines 11 thru 29 on page 3.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy N 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
Bostick
Y Branch Y Breedlove Y Brooks
Brown Y Buck
Y Buford YByrd
Carrell Carter
Y Chambless Y Chance
Cheeks
N Childers Y Clark.B

N Clark.H Clark.L
Y Colbert Coleman Colwell 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
Dunn Edwards N Ehrhart
N Felton Y Fennel Y Floyd N Foster N Godbee Y Goodwin Y Green
N 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 N Howren Y Hudson Y Irwin
Y Isakson Y Jackson,J Y Jackson.W
Jamieson Y Jenkins
Johnson
Y Jones Y Kilgore
Kingston Y Lane.D N Lane.R Y Langford Y Lawrence Y Lawson YLee Y Under
Long YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy N McDonald
McKelvey McKinney.B

Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore N Morton Y Moultrie
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 NRay
Y Reaves Y Redding Y Richardson
Ricketson Y Robinson
Y Royal Y Selman
Simpson

Y Sinkfield Y Smith.L Y Smith,?
Smith.T
Y Smith,W Y Smyre
Snow Y Stancil.F N Stancil,S Y Stanley
Y Steele Y Stephens Y Teper
Thomas.C Y Thomas.M
Thompson
Y Thurmond Y Titus
N Tolbert Y Townsend
Twiggs
N Vaughan Y Waddle
Walker.C Y Walker,L N Wall
Ware Y Watson
Watts Y White
Wilder Y Williams.B Y WilliamsJ N Yates
Y Yeargin Murphy ,Spkr

On the passage of the Bill, as amended, the ayes were 124, nays 18.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative McKinney of the 40th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

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.

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:

TUESDAY, FEBRUARY 28, 1989

1563

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 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
Coleman 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
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd
Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham
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 Y Isakson
Jackson,J Y Jackson, W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston Y Lane.D Y Lane.R
Langford Y Lawrence
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
Orr
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 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 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
Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall
Ware Watson 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 149, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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.

The following amendments were read and adopted:

Representative Pettit of the 19th moves to amend HB 390 as follows: By striking the word "It" on line 29, page 2 and inserting in lieu thereof:
"Except upon a specific finding by the court that financial neglect or physical abuse may exist and therefore a child or children may be at risk, it"
and by adding a new Section 4 on page 2 to read as follows:
"Section 4. This Act shall become effective January 1, 1990."

Representatives Lawrence of the 49th and Pettit of the 19th move to amend HB 390 by adding following the word and symbol "courts;" on line 5 of page 1 the following:
"to provide an effective date;".
By adding between lines 31 and 32 of page 2 the following:

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JOURNAL OF THE HOUSE,

"Section 3. This Act shall become effective on January 1, 1990." By redesignating Section 3 on line 32 of page 2 as Section 4.

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

Y Aaron Y 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
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 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
Y Foster YGodbee 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 Y Hudson Y Irwin
Y Isakson Jackson,J
Y Jackson.W
Jamieson Y Jenkins Y Johnson N Jones Y Kilgore
Kingston Y Lane,D Y Lane.R Y Langford Y Lawrence
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
Mobley Y Moody Y Moore Y Morton Y Moultrie
Mueller Oliver.C Oliver,M 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 YRandall Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson
Robinson Y Royal Y Selman
Simpson

Y Sinkfield
Y Smith,L Y Smith,P Y Smith.T N 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
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 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representatives Oliver of the 53rd and Hamilton of the 124th requested that they be recorded as voting "nay" on HB 390.

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 833 Do Pass, by Substitute HB 788 Do Pass

TUESDAY, FEBRUARY 28, 1989

1565

Respectfully submitted,
/s/ Watson of the 114th 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 962 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman

The Speaker assumed the Chair.

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

HB 962. By Representatives Richardson of the 52nd, Redding of the 50th, Oliver of the 53rd, Williams of the 54th, Teper of the 46th and others:
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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 47.
The Bill, having received the requisite constitutional majority, was passed.

The following members requested that they be recorded as voting "nay" on the passage of HB 962:
Representatives Vaughan of the 20th, Clark of the 20th, Howren of the 20th, Gresham of the 21st, Aiken of the 21st, Isakson of the 21st, Atkins of the 21st, Wilder of the 21st, Morton of the 47th and Davis of the 45th.

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 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.

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JOURNAL OF THE HOUSE,

The following Committee substitute was read and withdrawn:

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 makes loans to the Republic of South Africa; to provide that no such funds shall be invested in the stocks, securities, or other obligations of any company doing business in or with the Republic of South Africa; to provide that no such funds shall be used for the purchase of any goods, materials, or services from certain businesses having certain relationships with the Republic of South Africa; to provide an exception; to provide for definitions; to provide for all related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new Chapter 24 to read as follows:
"CHAPTER 24
50-24-1. As used in this chapter, the term 'state funds' includes all funds subject to the control of any department, agency, institution, or authority of state government, except that such term does not include funds under the control of any retirement system, benefit system, pension fund, retirement fund, annuity and benefit fund, or any other similar plan provided for in Title 47.
50-24-2. On and after July 1, 1989, no state funds shall knowingly be invested or deposited in:
(1) Any financial institution which directly or through its subsidiaries makes new loans on or after said date to the Republic of South Africa or its instrumentalities; or
(2) The stocks, securities, or other obligations of any company doing business in or with the Republic of South Africa. 50-24-3. No later than January 1, 1990, any state funds shall be reinvested in some other manner, which funds were previously invested in:
(1) Any financial institution which directly or through its subsidiaries has outstanding loans to the Republic of South Africa or its instrumentalities; or
(2) The stocks, securities, or other obligations of any company doing business in or with the Republic of South Africa. 50-24-4. On and after July 1, 1989, no state funds shall knowingly be used:
(1) For the purchase of any goods, materials, or services from any person, company, or corporation which has its principal place of business within the Republic of South Africa; or
(2) For the purchase of any goods, materials, or services from any company or corporation which gives financial assistance to the government of the Republic of South Africa; except that such prohibition shall not apply if it would operate to violate the terms of a contract entered into prior to July 1, 1989, and provided further that no state funds shall be contractually committed in violation of this Code section on or after July 1, 1989."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Thompson of the 20th, was read and withdrawn:

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

TUESDAY, FEBRUARY 28, 1989

1567

in any financial institution which directly or through its subsidiaries makes loans to the Republic of South Africa; to provide that no such funds shall be invested in the stocks, securities, or other obligations of any company doing business with the Republic of South Africa; to provide that no such funds shall be used for the purchase of any goods, materials, or services from certain businesses having certain relationships with the Republic of South Africa; to provide an exception; to provide for definitions; to provide for all related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new Chapter 24 to read as follows:
"CHAPTER 24
50-24-1. As used in this chapter, the term: (1) 'Doing business' shall not include the performance of normal banking services,
such as the collection or payment of negotiable instruments, by a financial institution at the request of or on behalf of its customers.
(2) 'State funds' includes all funds subject to the control of any department, agency, institution, or authority of state government, except that such term does not include funds under the control of any retirement system, benefit system, pension fund, retirement fund, annuity and benefit fund, or any other similar plan provided for in Title 47. 50-24-2. On and after July 1, 1989, no state funds shall knowingly be invested or deposited in:
(1) Any financial institution which directly or through its subsidiaries makes new loans on or after said date to the Republic of South Africa or its instrumentalities; or
(2) The stocks, securities, or other obligations of any company doing business with the Republic of South Africa. 50-24-3. No later than January 1, 1990, any state funds shall be reinvested in some other manner, which funds were previously invested in:
(1) Any financial institution which directly or through its subsidiaries has outstanding loans to the Republic of South Africa or its instrumentalities; or
(2) The stocks, securities, or other obligations of any company doing business with the Republic of South Africa. 50-24-4. On and after July 1, 1989, no state funds shall knowingly be used:
(1) For the purchase of any goods, materials, or services from any person, company, or corporation which has its principal place of business within the Republic of South Africa; or
(2) For the purchase of any goods, materials, or services from any company or corporation which gives financial assistance to the government of the Republic of South Africa; except that such prohibition shall not apply if it would operate to violate the terms of a contract entered into prior to July 1, 1989, and provided further that no state funds shall be contractually committed in violation of this Code section on or after July 1, 1989."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Brooks of the 34th and Randall of the 101st, was read:

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 makes loans to the

1568

JOURNAL OF THE HOUSE,

Republic of South Africa; to provide that no such funds shall be invested in the stocks, securities, or other obligations of any company doing business with the Republic of South Africa; to provide that no such funds shall be used for the purchase of any goods, materials, or services from certain businesses having certain relationships with the Republic of South Africa; to provide an exception; to provide for definitions; to provide for all related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new Chapter 24 to read as follows:
"CHAPTER 24
50-24-1. As used in this chapter, the term: (1) 'Doing business' shall not include the performance of normal banking services,
such as the collection or payment of negotiable instruments, by a financial institution at the request of or on behalf of its customers.
(2) 'State funds' includes all funds subject to the control of any department, agency, institution, or authority of state government, except that such term does not include funds under the control of any retirement system, benefit system, pension fund, retirement fund, annuity and benefit fund, or any other similar plan provided for in Title 47. 50-24-2. On and after July 1, 1989, no state funds shall knowingly be invested or deposited in:
(1) Any financial institution which directly or through its subsidiaries makes new loans on or after said date to the Republic of South Africa or its instrumentalities; or
(2) The stocks, securities, or other obligations of any company doing business with the Republic of South Africa. 50-24-3. No later than January 1, 1990, any state funds shall be reinvested in some other manner, which funds were previously invested in:
(1) Any financial institution which directly or through its subsidiaries has outstanding loans to the Republic of South Africa or its instrumentalities; or
(2) The stocks, securities, or other obligations of any company doing business with the Republic of South Africa. 50-24-4. On and after July 1, 1989, no state funds shall knowingly be used:
(1) For the purchase of any goods, materials, or services from any person, company, or corporation which has its principal place of business within the Republic of South Africa; or
(2) For the purchase of any goods, materials, or services from any company or corporation which gives financial assistance to the government of the Republic of South Africa; except that such prohibition shall not apply if it would operate to violate the terms of a contract entered into prior to July 1, 1989, and provided further that no state funds shall be contractually committed in violation of this Code section on or after July 1, 1989."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Morton of the 47th moves to amend the Floor substitute to HB 80 as follows:
"To add the following language after "Republic of South Africa" wherever it appears:
North Korea, Iran, Libya, Uganda, Burundi, Union of Soviet Socialist Republic, Vietnam, Ethiopia and Angola."

TUESDAY, FEBRUARY 28, 1989

1569

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

N Aaron
N Abernathy N Adams N Aiken N Alford N Alien N Athon
Y Atkins N Bailey N Baker N Balkcom Y Bannister N Barfoot
Bargeron Y Barnett.B Y Barnett.M NBeck N Benefield NBenn N Birdsong N Bishop N Bostick N Branch Y Breedlove N Brooks
N Brown NBuck N Buford NByrd
Carrell Carter N Chambless Y Chance Cheeks Childers N Clark.B

Y Clark.H Clark.L
Y Colbert N Coleman N Colwell N Connell N Couch
Cox N Crawford N Crosby N Cummings.B
N Cummings.M N Davis.C N Davis.G Y Davis.M
Dixon.H N Dixon,S N Dobbs
Dover N Dunn
Edwards Y Ehrhart Y Felton N Fennel
Floyd N Foster Y Godbee N Goodwin Y Green N Greene Y Gresham N Griffin
N Groover N Hamilton N Hanner
Harris

N Hasty Heard
N Herbert N Holcomb N Holland N Holmes
Hooks
Y Howren N Hudson Ylrwin
Isakson Jackson.J N Jackson.W
Jamieson Jenkins N Johnson
N Jones Kilgore Kingston Lane,D
Y Lane,R N Langford Y Lawrence
Lawson NLee Y Linder
Long Lord N Lucas Lupton N Mangum
N Martin N McCoy N McDonald
McKelvey N McKinney.B

N McKinney.C N Meadows N Milam
Mobley Moody Y Moore
Y Morton Moultrie
Y Mueller Oliver.C
N Oliver.M NOrr N Orrock
N Padgett N Pannell Y Parham Y Parrish
Patten Pettit Pinkston
NPoag N Porter N Poston N Powell
Rainey N Randall Y Ransom
Ray Reaves N Redding N Richardson
Ricketson N Robinson N Royal
Selman N Simpson

On the adoption of the amendment, the ayes were 33, nays 100. The amendment was lost.

N Sinkfield Smith.L
N Smith,P N Smith.T
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 Y Thompson N Thurmond Y Titus Y Tolbert
Townsend Twiggs Y Vaughan N Waddle N Walker.C N Walker.L Y Wall
Ware N Watson
Watts N White Y Wilder
Williams.B N Williams,J Y Yates
Yeargin Murphy.Spkr

The Floor substitute was adopted.

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

Y Aaron
Y Abernathy Y Adams N Aiken N Alford Y Alien N Athon
N Atkins N Bailey Y Baker N Balkcom N Bannister N Barfoot
Bargeron N Barnett.B N Barnett.M NBeck N Benefield YBenn

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

N Colbert
N Coleman N Colwell Y Connell
Y Couch Cox
N Crawford N Crosby Y Cummings,B Y Cummings.M N Davis.C Y Davis.G N Davis.M
Dixon.H
N Dixon.S N Dobbs
Dover N Dunn
Edwards

N Ehrhart
N Felton Y Fennel
Floyd N Foster N Godbee Y Goodwin Y Green Y Greene N Gresham N Griffin
Y Groover Y Hamilton Y Hanner N Harris N Hasty
Heard Y Herbert N Holcomb

Y Holland Y Holmes
Hooks N Howren Y Hudson N Irwin
Isakson
Jackson,J N Jackson.W
Jamieson Jenkins Y Johnson Y Jones Kilgore Kingston Lane.D
N Lane.R N Langford N Lawrence

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JOURNAL OF THE HOUSE,

Lawson NLee N Linder
Long
Lord Y Lucas
Lupton N Mangum Y Martin
Y McCoy Y McDonald
McKelvey Y McKinney.B Y McKinney.C N Meadows
N Milam Mobley

Moody N Moore N Morton
Moultrie N Mueller
Oliver.C Y Oliver.M NOrr
Y Orrock Y Padgett Y Pannell Y Parham N Parrish N Patten
Pettit Pinkston
YPoag

N Porter Y Poston N Powell
Rainey Y Randall N Ransom
Ray Reaves Y Redding Y Richardson Ricketson Y Robinson Y Royal Selman Y Simpson Y Sinkfield Smith.L

Y Smith.P Y 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 N Thompson Y Thurmond
N Titus N Tolbert

Townsend Twiggs
N Vaughan N Waddle Y Walker.C Y Walker,L N Wall
Ware N Watson
Watts Y White N Wilder
Williams.B Y Williams,J
N Yates Yeargin Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 69, nays 67.
The Bill, by substitute, having failed to receive the requisite constitutional majority, was lost.

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.

The following amendments were read and adopted:

Representative Alien of the 127th moves to amend HB 306 as follows: By changing pg. 2 line 12 from "July 1, 1989" to "Jan. 1st 1990".

Representative Alien of the 127th moves to amend HB 306 by striking the words "an effective date" on line 27 of page 1 and inserting in lieu thereof the following:
"a conditional effective date".
By striking Section 11 and inserting in lieu thereof a new Section 11 to read as follows:
"Section 11. This Act shall become effective only if specifically funded and, if so funded, this Act shall become effective upon the later of: (1) its approval by the Governor or its becoming law without his approval; and (2) the enactment into law of legislation appropriating funds specifically designated in the Act appropriating the same as being for the purpose of funding the additional judgeship provided for in 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 Y Alien
Athon Y Atkins Y Bailey

Y Baker N Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett.M
YBeck Y Benefield

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

Y Buford YByrd
Carrell Y Carter Y Chamblesi
Y Chance Cheeks
Y Childers Clark,B

Clark.H Clark,L Y Colbert Y Coleman Y Colwell Y Connell Y Couch Cox Y Crawford

TUESDAY, FEBRUARY 28, 1989

1571

Y Crosby
Y Cummings.B Y Cummings,M Y Davis.C
Davis,G Y Davis.M
Dixon.H Y Dixon.S N Dobbs Y Dover Y Dunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster N 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
Hooks Y Howren
Y Hudson Y Irwin
Isakson Y Jackson.J Y Jackson, W Y Jamieson
Jenkins Y Johnson Y Jones Y Kilgore
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 Y McDonald
N McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Milam
Mobley Moody Y Moore Y Morion Y Moultrie Y Mueller Oliver.C
Y Oliver.M YOrr Y 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
Robinson Y Royal
Selman Y Simpson
Y Sinkfield Smith.L
Y Smith.P Y 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 N Walker.C
Y Walker.L 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, as amended, the ayes were 138, nays 5.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Mangum of the 57th District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 370 Do Pass, by Substitute
Respectfully submitted, /s/ Mangum of the 57th
Chairman

The Speaker announced the House in recess until 1:45 o'clock this afternoon.

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JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.
The following Resolutions of the House were read and adopted:
HR 368. By Representative Murphy of the 18th: A resolution extending best wishes to Carol Meadows Murphy on the occasion of her 40th birthday.
HR 373. By Representatives Foster of the 6th, Twiggs of the 4th, Griffin of the 6th, Langford of the 7th and Poag of the 3rd: A resolution commending Trooper First Class Mickey Little.
HR 374. By Representatives Poston of the 2nd, Walker of the 115th, Murphy of the 18th, Holland of the 136th, Groover of the 99th and others: A resolution commending Professor R. Perry Sentell, Jr..
HR 375. By Representatives Lupton of the 25th, Murphy of the 18th, Walker of the 115th, Isakson of the 21st, Lee of the 72nd and others: A resolution expressing best wishes to Mary Ann Bergerson.
HR 376. By Representative Atkins of the 21st: A resolution commending Mr. Warren "Rhubarb" Jones.
HR 377. By Representative Holland of the 136th: A resolution commending Jack Vernon Garrett.
HR 378. By Representatives Aiken of the 21st, Isakson of the 21st, Wilder of the 21st, Atkins of the 21st, Gresham of the 21st and others: A resolution commending Dickerson Middle School.
HR 379. By Representatives Aiken of the 21st, Isakson of the 21st, Wilder of the 21st, Atkins of the 21st, Gresham of the 21st and others: A resolution commending East Side Elementary School.
HR 380. By Representatives Stephens of the 68th, Thurmond of the 67th, Irwin of the 13th, Clark of the 13th and Stancil of the 66th: A resolution expressing sympathy at the passing of Honorable Preston Matthew Almand.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
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.

TUESDAY, FEBRUARY 28, 1989

1573

The following Senate substitute was read:

A BILL

To amend an Act creating a new charter for the City of Lawrenceville, approved March 28, 1986 (Ga. L. 1986, p. 4961), so as to change the provisions relating to the corporate limits of said city; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act creating a new charter for the City of Lawrenceville, approved March 28, 1986 (Ga. L. 1986, p. 4961), is amended by striking in its entirety subsection (a) of Section 1.11 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Except as otherwise provided in Appendix B attached hereto and made a part of this Act, the corporate boundaries of the City of Lawrenceville shall be as described and set forth in Appendix A of this city charter. The boundaries of the city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be, 'Official Map (or description) of the corporate limits of the City of Lawrenceville, Georgia.' Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description."

Section 2. Said Act is further amended by adding at the end of Appendix A the following:

"5

177

5-177-019A

Davis

Hurricane Sh. and Hwy. 316".

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

Representative Wall of the 61st moved that the House agree to the Senate substitute to HB 446.
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 Bill of the House was taken up for consideration and read the third time:

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.

The following Committee substitute was read:

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 an effective date; to repeal conflicting laws; and for other purposes.

1574

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 32 of the Official Code of Georgia Annotated, the "Georgia Code of Public Transportation," is amended by adding at the end of Article 2 of Chapter 4 a new Code Section 32-4-22 to read as follows:
"32-4-22. (a) There is created as a part of the state highway system a system of public roads to be known as the Developmental Highway System which shall consist of the following road corridors (not in order of priority):
(1) Appalachian; (2) Corridor Z; (3) U.S. 27; (4) U.S.82; (5) Golden Isles; (6) Savannah River; (7) U.S. 441; (8) Fall Line; (9) U.S. 319; (10) U.S. 19; (11) U.S. 84; (12) U.S. 1/SR 17; (13) SR 72; (14) Outer Perimeter; and (15) Truck access routes. Said system is further identified as being those roads and corridors referred to as 'the Governor's Road Improvement Program' in that resolution adopted by the State Transportation Board dated November 17, 1988. (b) The location and mileage of the Developmental Highway System shall be as generally described in subsection (a) of this Code section, with the power of the State Transportation Board to make such variances therein as shall be dictated by sound engineering and construction practices. (c) The Developmental Highway System shall be under the control and supervision of the board, subject to the provisions of this Code section or any other Act of the General Assembly."
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 lost:

Representative Dobbs of the 74th moves to amend the Committee substitute to HB 16 as follows:
On page 2, strike line 4 and on page 2, line 5 change (15) to (14).

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 Y Aiken

Y Alford Y Alien Y Athon Y Atkins

Y Bailey Y Baker Y Balkcom Y Bannister

Y Barfoot Bargeron Barnett,B
Y Barnett,M

Y Beck Y Benefield Y Benn Y Birdsong

TUESDAY, FEBRUARY 28, 1989

1575

Y Bishop Y Bostick Y Branch
Y Breedlove Brooks
Y Brown
YBuck Y Buford YByrd 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 Y Connell Y Couch
Cox Y Crawford Y Crosby
Cummings,B
Y Cummings,M Y Davis.C Y Davis.G N Davis.M Y Dixon.H

Dixon,S Y Dobbs Y Dover
Y Dunn Edwards
Y Ehrhart Felton
Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin
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 Y Isakson Y Jackson,J

Jackson.W Y 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
NLord Y Lucas
Lupton Y Mangum
Martin Y McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney.C Y Meadows
Mifam
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
Poston
Y Powell Y Rainey Y Randall
Ransom Ray Y Reaves Y Redding Y Richardson Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Smith.L 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
Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L
Y Wall Ware
Y Watson Y Watts Y White N Wilder N Williams.B
Williams,J YYates Y Yeargin
Murphy,Spkr

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

The following Bill of the House was again taken up for consideration:

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.

The following substitute, offered by Representative Richardson of the 52nd, was read and adopted:

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 change a certain definition; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 45-16-21 of the Official Code of Georgia Annotated, relating to definitions in the "Georgia Post-mortem Examination Act," is amended by striking paragraph (5) thereof and inserting in its place a new paragraph to read as follows:
"(5) 'Peace officer in charge' means any member of the State Patrol or the Georgia Bureau of Investigation, sheriff or sheriffs deputy, peace officer assigned to a coroner's office, county policeman, city policeman, er city detective, or medical legal investigator working in the medical examiner's office in counties where the coroner's office has been abolished who may be in charge of the investigation of any case involving a death covered by Code Sections 45-16-27 and 45-16-32; provided, however, the law enforcement agency having original jurisdiction of the death scene shall be in charge."

1576

JOURNAL OF THE HOUSE,

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by subtitute, 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 YBeck Y Benefield
Benn Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Brooks Y Brown YBuck Y Buford YByrd Y Carrell Carter Chambless Y Chance Y Cheeks Y Childers
Y Clark.B

Y Clark.H Y Clark.L Y Colbert Y Coleman
Colwell Y Connell Y Couch
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
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
Kingston 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
McDonald Y McKelvey
McKinney.B

Y McKinney.C Y 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 Y Pinkston
YPoag Y Porter
Poston
Y Powell Rainey
Y Randall 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 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
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, by substitute, the ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 28, 1989
Mr. Speaker and Members of the House:
Your Committee on Rules met and submits the following supplemental to the calendar already adopted this February 28, 1989, by adding the following:
HB 251 District Attorneys: Definition HB 370 Teachers: Sick Leave: Religious Holidays HB 582 Motor Vehicle License Applications: Bond Req. for Certain Persons HB 679 Public Contracts Securities: Certain Payment in Lieu of Bond

TUESDAY, FEBRUARY 28, 1989

1577

HB 788 HB 810 HB 822 HB 833 HB 843 HB 885 HB 887 HB 954

PSC: Gas Transmission/Distribution Facilities: Powers Buildings: Repair or Close Where Drug Crimes Are Committed State Property: Certain Acquisition: Amend Provisions Blasting or Excavating: Notification: Amend Provisions Local Governments: Housing Projects: Allocation System State Structural Pest Control Commission: Termination Transportation: Vehicle Transporting Forest Products: Exceptions Education: State-Wide Uniform Annual Evaluation Date

Except as herein amended, the provisions of the calendar heretofore submitted shall remain in full force and effect.

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

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 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.

The following Committee substitute was read and adopted:

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; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, is amended by striking subsection (c) of said Code section and inserting in lieu thereof a new subsection (c)-to read as follows:
"(c) (1) The sick leave and the accumulation of unused sick leave and the payments for unused sick leave provided for by this part shall be subject to subsection (f) of Code Section 20-2-182, but this part shall not be construed so as to prohibit local boards of education from adopting policies relative to sick leave and the accumulation of unused sick leave and payments for unused sick leave which are supplemental to this part, provided the cost of implementing and maintaining any such supplemental policies shall be paid entirely from local funds.
(2) A local board of education may establish and set policies and procedures for a sick leave bank or pool of voluntarily contributed employee sick leave days. Participating employees shall make equal contributions to the bank or pool. Such employees may draw sick leave days from the bank or pool as provided by adopted local board of education policy."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

1578

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 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
Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Brooks
Y Brown YBuck Y Buford YByrd
Y Carrell Carter
Y Chamhless 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
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
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 Jackson,W
Y Jamieson Y Jenkins
Y Johnson Y Jones
Y Kilgore Kingston 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

Y McKinney.C Y Meadows
Milam Y Mobley
Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Oliver.C
Y Oliver.M YOrr
Or rock 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
Ray Y Reaves
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 Tolbert
Y Townsend Twiggs
Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
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 147, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 954. By Representatives Cummings of the 17th and Murphy of the 18th:
A bill to amend Code Section 20-2-210 of the Official Code of Georgia Annotated, relating to annual performance evaluations and development of a state-wide uniform annual evaluation instrument, so as to change the effective date of implementation of the state-wide uniform annual evaluation instrument for each classification of professional personnel certificated by the state board.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 20-2-210 of the Official Code of Georgia Annotated, relating to annual performance evaluations and development of a state-wide uniform annual evaluation instrument, so as to provide that increment increases above the minimum salary base

TUESDAY, FEBRUARY 28, 1989

1579

shall be contingent upon the completion of the state-wide uniform annual evaluation instrument; 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 20-2-210 of the Official Code of Georgia Annotated, relating to annual performance evaluations and development of a state-wide uniform annual evaluation instrument, is amended by striking said Code section in its entirety and inserting in lieu thereof the following:
"20-2-210. All personnel employed by local units of administration, including elected and appointed school superintendents, shall have their performance evaluated annually by appropriately trained evaluators. All such performance evaluation records shall be part of the personnel evaluation file and shall be confidential. In the case of local school superintendents, such evaluations shall be performed by the local board of education. Certificated professional personnel who have deficiencies and other needs shall have professional development plans designed to mitigate such deficiencies and other needs as may have been identified during the evaluation process. Progress relative to completing the annual professional development plan shall be assessed during the annual evaluation process. The State Board of Education shall adopt such regulations and standards as are deemed necessary to ensure that the annual evaluation and professional improvement planning processes are as objective, equitable, and effective as possible. The state board shall provide for the development and implementation by July 1, 1989, of a state-wide uniform annual evaluation instrument for each classification of professional personnel certificated by the state board; provided, however, that evaluation instruments for service personnel shall be field tested beginning July 1, 1989, and shall be fully implemented by July 1, 1990. All such instruments shall be field tested and revised to meet established measurement criteria designed to provide for validity and reliability. Increment increases above the minimum salary base of each classification based upon individual experience and length of satisfactory service as provided in Code Section 20-2-212 shall be contingent upon the successful completion of the state-wide uniform annual evaluation instrument beginning July 1, 1990."
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.

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 Y Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett.M
Beck
Y Benefield
Benn Birdsong Y Bishop

Y Bostick
Y Branch
Y Breedlove 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
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
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
Green
Y Greene Y Gresham Y Griffin Y Groover
Y Hamilton Y Hanner Y Harris Y Hasty
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
Jones Kilgore
Kingston Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson Y Lee Y Linder Y Long Y Lord Y Lucas
Lupton
Y Mangum Martin
Y McCoy

1580

JOURNAL OF THE HOUSE,

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 Oliver.M YOrr

Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Pettit Y Pinkaton
YPoag Y Porter Y Poston
Powell
Y Rainey Y Randall
Ransom

Ray Y Reaves Y Redding Y Richardson
Ricketson Robinson
Y Royal Y Selman Y Simpson
Sinkfleld 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
Tolbert Townsend Twiggs

Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
Ware
Y Watson Y Watts Y White
Wilder Williama.B Williams,J
Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 132, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following Resolution of the House was read and adopted:

HR 381. By Representatives Chambless of the 133rd, White of the 132nd, Cummings of the 134th and Balkcom of the 140th:
A resolution commending Honorable Helen G. Rohrs.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Education and referred to the Committee on State Planning and Community Affairs:

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.

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 316. By Representatives Thomas of the 69th and Jackson of the 9th: A resolution creating the Joint Title 40 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 96, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

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.

TUESDAY, FEBRUARY 28, 1989

1581

The following amendment was read and adopted:

Representative Jackson of the 9th moves to amend HB 916 as follows: Add a new Section 3 to read as follows: "This Act shall become effective on July 1, 1991."

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
Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield
Benn Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Brooks Y Brown YBuck Y Buford YByrd Y Carrell
Carter Y Chambless Y Chance Y Cheeks N 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 YDunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster
Y Godbee Y Goodwin Y Green Y Greene
Y Gresham Y Griffin
Groover 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
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston Y Lane,D Y Lane.R
Langford Y Lawrence Y Lawson
YLee Y Under Y Long YLord Y Lucas
Y Lupton Y Mangum
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
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
Randall Ransom
YRay Y Reaves Y Redding Y Richardson
Ricketson Y Robinson Y Royal
Y Selman Y Simpson

Sinkfield
Y Smith.L Smith.P
N Smith.T
Y Smith, W YSmyre 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
Y 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, as amended, the ayes were 148, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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.

The following amendment was read and adopted:

Representative Holmes of the 28th moves to amend HB 721 by striking the words "an effective date" on line 11 of page 1 and inserting in lieu thereof the following:
"a conditional effective date".

1582

JOURNAL OF THE HOUSE,

By striking Section 6 and inserting in lieu thereof a new Section 6 to read as follows:
"Section 6. This Act shall become effective only if specifically funded and, if so funded, this Act shall become effective upon the later of: (1) its approval by the Governor or its becoming law without his approval; and (2) the enactment into law of legislation appropriating funds specifically designated in the Act appropriating the same as being for the purpose of funding the additional judgeship provided for in 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 ayes were 104, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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.

The following amendment was read and adopted:

Representative Childers of the 15th moves to amend HB 922 by striking the words "an effective date" on lines 19 and 20 of page 1 and inserting in lieu thereof the following:
"a conditional effective date".
By striking Section 14 and inserting in lieu thereof a new Section 14 to read as follows:
"Section 14. This Act shall become effective only if specifically funded and, if so funded, this Act shall become effective upon the later of: (1) its approval by the Governor or its becoming law without his approval; and (2) the enactment into law of legislation appropriating funds specifically designated in the Act appropriating the same as being for the purpose of funding the additional judgeship provided for in 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 ayes were 93, nays 5.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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.

TUESDAY, FEBRUARY 28, 1989

1583

The report 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 6.
The Bill, having received the requisite constitutional majority, was passed.

The Speaker Pro Tern assumed the Chair.

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.

The following substitute, offered by Representative Bostick of the 138th, was read and adopted:

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 repeal the provisions relating to financial responsibility required for the issuance of a pesticide contractor's license; 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, known as the "Georgia Pesticide Use and Application Act of 1976," is amended by striking paragraph (3) of subsection (a) of Code Section 2-7-99, relating to licensing requirements for pesticide contractors, certified pesticide applicators, and certified commercial pesticide applicators, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) ISSUANCE. If the Commissioner finds the applicant qualified to engage in the business of contracting for the application of pesticides commercially; if the applicant
applicant applying for a license to contract for aerial application of pesticides has met all of the requirements of the Federal Aviation Administration and all aeronautic requirements of this state for operation of equipment described in the application, the Commissioner shall issue a pesticide contractor's license, with any necessary limitations. The license shall expire at the end of the calendar year of issue, unless it is revoked or suspended prior thereto by the Commissioner for cause."
Section 2. Said article is further amended by striking Code Section 2-7-103, relating to evidence of financial responsibility, which reads as follows:
"2-7-103. (a) Required. The Commissioner shall not issue a pesticide contractor's license until the applicant has furnished evidence of financial responsibility with the Commissioner, consisting either of a surety bond, a liability insurance policy, or a cash deposit or certification thereof, protecting persons who may suffer legal damages as a result of the operation of the applicant, provided that such surety bond, liability insurance policy, or cash deposit need not apply to damages or injury to agricultural crops, plants, or land being worked upon by the applicant.
(b) Amount; notice of reduction or cancellation by surety or insurer. The amount of surety bond, liability insurance, or cash deposit provided for in this Code section shall be set by regulation. Such surety bond, liability insurance, or cash deposit shall be maintained at not less than the minimum set by regulation at all times during the license

1584

JOURNAL OF THE HOUSE,

period. The Commissioner shall be notified ten days prior to any reduction made at the request of the applicant or any cancellation of such surety bond or liability insurance by the surety or insurer. The total and aggregate liability of the surety and insurer for all claims shall be limited to the face of the bond or liability insurance policy or cash deposit. The Commissioner may accept a liability insurance policy, surety bond, or cash deposit in the proper sum, which has a deductible clause in an amount not exceeding $1,000.00 for aerial contractors and $500.00 for all other contractors, for the total amount of liability insurance, surety bond, or cash deposit required, provided that if the applicant has not satisfied the requirement of the deductible amount in any prior legal claim, such deductible clause shall not be accepted by the Commissioner, unless such applicant furnishes the Commissioner with a surety bond, liability insurance, or cash deposit which shall satisfy the amount of the deductible as to all claims that may arise in his application of pesticides. In the event that any contractor has an unpaid and outstanding judgment against him as a result of damages caused to a second party by the misuse of pesticides, he must provide a bond in an amount acceptable to the Commissioner before he can be licensed or relicensed.
(c) Personal liability for damage. Nothing in this article shall be construed to relieve any person from liability for any damage to the person or lands of another caused by the use of pesticides, even though such use conforms to the rules and regulations of the Commissioner.", and inserting in lieu thereof the following:
"2-7-103. Reserved."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 98, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

The following amendment was read and adopted:

Representative Robinson of the 96th moves to amend HB 559 by striking the words "an effective date" on line 15 of page 1 and inserting in lieu thereof the following:
"a conditional effective date".
By striking Section 12 and inserting in lieu thereof a new Section 12 to read as follows:
"Section 12. This Act shall become effective only if specifically funded and, if so funded, this Act shall become effective upon the later of: (1) its approval by the Governor or its becoming law without his approval; and (2) the enactment into law of legislation appropriating funds specifically designated in the Act appropriating the same as being for the purpose of funding the additional judgeship provided for in this Act."

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

TUESDAY, FEBRUARY 28, 1989

1585

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
Alford Y Alien Y Athon Y Atkins Y Bailey
Baker
Y Balkcom Y Bannister
Y Barfoot 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 Buibrd YByrd Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B

Y Clark,H Y Clark.L Y Colbert
Coleman Y Colwell
Connell Couch 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 N Dobbs Y Dover Y Dunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd N Foster N Godbee Y Goodwin Y Green Y Greene Y Gresham N Griffin
Groover Y Hamilton
Y Manner Y Harris

Y Hasty Y Heard
Herbert Y Holcorab 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
Jones Y Kilgore
Kingston Y Lane,D Y Lane,R
Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum
Martin Y McCoy
Y McDonald N McKelvey
McKinney.B

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 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
Redding Y Richardson
Ricketson Y Robinson Y Royal Y Selman
Simpson

Y Sinkfleld Y Smith.L
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 Y Titus Y Tolbert Y Townsend Y Twiggs
N Vaughan 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, as amended, the ayes were 139, nays 7.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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.

The report of the Committee, which was favorable to the passage of 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 Bannister
Y Barfoot

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
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

Dixon.S
Y Dobbs Y Dover Y Dunn
Edwards Y Ehrhart
Felton
Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green

1586

JOURNAL OF THE HOUSE,

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

Jones Y Kilgore
Kingston
Y Lane.D Y Lane.R
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
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
Ricketson Y Robinson Y Royal Y Selman
Simpson Y Sinkfield Y Smith.L
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 Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan
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, the ayes were 149, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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.

The following Committee substitute was read and adopted:

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 provide that a person who violates certain requirements of a law shall be subject to having any professional or occupational license, certificate, or registration issued by the state revoked or suspended; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near underground gas pipes and utility facilities, is amended by striking in its entirety Code Section 25-9-13, relating to penalties for violations of chapter, and inserting in lieu thereof a new Code Section 25-9-13 to read as follows:
"25-9-13. (a) Any person who violates the requirements of Code Section 25-9-6 shall be guilty of a crime punishable by payment of a fine of $1,000.00 for the first offense and $3,000.00 for any subsequent offenses occurring within a 12 month period. The fine provided for in this subsection shall not be imposed on a person engaged in farming activities on land he owns or leases.
(b) Any person who violates the requirements of Code Section 25-9-6 and whose subsequent excavating or blasting damages gas pipes or other underground utility facilities shall be strictly liable for:
(1) Any cost incurred by the utility in repairing or replacing its damaged facilities; or
(2) Any injury or damage to persons or property resulting from damaging the underground gas pipe or other utility facilities.

TUESDAY, FEBRUARY 28, 1989

1587

Any such person shall also indemnify the affected utility against all claims, if any, for personal injury, property damage, or service interruptions resulting from damaging the underground gas pipe or other utility facilities.
(c) In addition to the other provisions of this Code section, a state examining board shall be authorized to suspend or revoke any professional or occupational license, certificate, or registration issued to a person pursuant to Title 43 whenever such person violates the requirements of Code Section 25-9-6.
(e) (d) Subsections (a), ad (b), and (c) of this Code section shall not apply to any person who shall commence, perform, or engage in blasting or in excavating with mechanized equipment on any tract or parcel of land in any county in this state if the utility to which notice was given respecting such blasting or excavating with mechanized equipment as prescribed in subsection (a) of Code Section 25-9-6 has failed to comply with Code Section 25-9-7."
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
Bannister Y Barfoot
Bargeron Y Barnett.B
Barnett,M YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bostirk 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 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
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
Holmes Y Hooks
Y Howren Y Hudson Y Irwin Y Isakson Y Jackson.J Y Jackson.W
Y Jamieson Y Jenkins Y Johnson
Jones Y Kilgore
Kingston
Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee Y Linder
YLong YLord
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
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
Redding Y Richardson
Ricketson Y Robinson
Y Royal Y Selman
Simpson

Y Sinkfield
Y Smith.L 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 Y Titus Y Tolbert
Y Townsend Y Twiggs Y Vaughan
Waddle Y Walker.C Y Walker.L YWall
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 148, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

1588

JOURNAL OF THE HOUSE,

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.

The report of the Committee, which was favorable to the passage of 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 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 Y Clark.B

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 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
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
Jenkins Y Johnson
Jones Y Kilgore
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
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
Simpson

Y Sinkfield Y Smith.L
Smith,?
Y Smith.T Y Smith.W Y Smyre
Snow
Y Stancil,F Y Stancil.S
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 Waddle
Y Walker.C
Y Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Wi!liams,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.

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:
SR 164. By Senator Garner of the 30th: A resolution authorizing the lease of a certain tract of state owned real property; to provide an effective date.

TUESDAY, FEBRUARY 28, 1989

1589

SR 171. By Senator Coleman of the 1st:
A resolution authorizing the exchange of certain state owned real properties located in Chatham County, Georgia; to provide an effective date.

SR 175. By Senator McKenzie of the 14th:
A resolution authorizing the conveyance of certain state owned real property located in Sumter County, Georgia; to provide an effective date.

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 641 Do Pass
Respectfully submitted, /s/ Dover of the llth
Chairman

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 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.

The report of the Committee, which was favorable to the passage of 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 N Balkcom
Y Bannister Y Barfoot
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 Y Chance Y Cheeks Y Childers Y Clark.B
Clark.H Y Clark.L Y Colbert Y Coleman

Y Colwell
Connell
Y Couch Cox
N 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 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,.! Y Jackson.W
Y Jamieson Y Jenkins Y Johnson
Jones Y Kilgore
Kingston
Y Lane.D N Lane,R Y Langford N Lawrence Y Lawson Y Lee Y Linder
Long Y Lord

1590
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
Moody Y Moore Y Morton Y Moultrie

JOURNAL OF THE HOUSE,

Y Mueller
Oliver.C N Oliver.M Y Orr
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 Y Ray Y Reaves Y Redding
Y Richardson Y Ricketson Y Robinson
Royal Y Selman
Simpson Y Sinkfield
Y Smith.L 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 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 Y White
Wilder Y Williams.B
Williams,J
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 150, nays 5. The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Rules and referred to the Committee on Natural Resources and Environment:

HR 367. By Representative Lupton of the 25th:
A resolution requesting the House Committee on Natural Resources and Environment to study certain pollution problems.

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 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.

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 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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 28, 1989

1591

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".

The report of the Committee, which was favorable to the passage of 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 Y Balkcom
Y Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn
Birdsong Y Bishop
Bostick Y Branch
Y Breedlove Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell
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
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
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
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 Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock 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
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 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
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.

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 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.

1592

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend HB 679 by striking from the title at the end of line 5 and the beginning of line 6 of page 1 the following: the following:
"performance bond or a". By striking from line 1 of page 2 the following: "(A)". By striking from the end of line 10 of page 2 the following:

By striking in their entirety lines 11 through 21 on page 2, which read as follows:
"(B) In lieu of the performance bond provided for in subparagraph (A) of this paragraph, the state, a county, a municipal corporation, or any public board or body may accept a cashier's check, certified check, or cash in the amount of at least the total amount payable by the terms of the contract payable to and for the protection of the state, county, municipal corporation, or public board or body for which the work is to
be done; and".
By striking from line 20 of page 4 the following:

"or security deposit". By striking from line 24 of page 4 the following:

"or security deposit".

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
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
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
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 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
Kingston
Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Under
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
Y Oliver.M
Y Orr Orrock
Y Padgett Y Pannell YParham
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 Y Simpson Y Sinkfield

TUESDAY, FEBRUARY 28, 1989

1593

Y Smith.L y Smith,? Y Smith.T
Y Smith.W Y Smyre YSnow Y Stancii.F

Y Stancil.S Y Stanley Y Steele
Stephens 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
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 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.

The report of the Committee, which was favorable to the passage of 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 Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot
Bargeron N Barnett.B Y Barnett.M
Beck Y Benefield Y Benn
Birdsong Y Bishop Y Bostick
Y Branch Breedlove
Y Brooks Y Brown YBuck Y Buford
Byrd Y Carrell Y Carter Y Chambless Y Chance
Y Cheeks Y Childers Y Clark.B

Y Clark.H Clark.L
Y Colbert Y Coleman
Colwell Connell Y Couch
Cox Y Crawford
Crosby N Cummings,B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M N Dixon.H
Y Dixon.S Y Dobbs N Dover
YDunn 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 Hanner Harris

Y Hasty N Heard Y Herbert Y Hokomb Y Holland Y Holmes Y Hooks
N Howren Hudson
Ylrwin
Y Isakson N Jackson,J Y Jackson, W Y Jamieson Y Jenkins
Y Johnson Jones
Y Kilgore Kingston
Y Lane.D Y Lane.R N Langford
Y Lawrence Lawson
YLee Y Under
YLong Lord
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 Moore
Y Morton
Y Moultrie Y Mueller
Oliver.C Y Oliver.M NOrr
Orrock Y Padgett Y Pannell Y Parham
Y Parrish N Patten Y Pettit
Pinks ton NPoag Y Porter Y Poston N Powell Y Rainey Y Randall Y Ransom
YRay N Reaves Y Redding Y Richardson N Ricketson Y Robinson Y Royal Y Selman
N Simpson

On the passage of the Bill, the ayes were 128, nays 22. The Bill, having received the requisite constitutional majority, was

Sinkfield N Smith.L Y Smith.P N Smith.T
Smith.W Y Smyre YSnow N Stancil,F Y Stancil,S Y Stanley Y Steele
Stephens Y Teper
N 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
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.

1594

JOURNAL OF THE HOUSE,

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.

The following substitute, offered by Representative McDonald of the 12th, was read and adopted:
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 empower the State Properties Commission to acquire from a railroad company the real property, including the right of way, and any other properties, personal or otherwise, associated therewith, encompassed within any railroad line that has been abandoned as an operating rail line by said railroad company if the commission first determines that preserving ownership of the said railroad corridor, in whole or in part, may be useful for the present or future needs of public transportation in this state; to provide that such an acquisition shall be in the name of the state, custody in the commission, a "property" similar to the state owned properties described in subparagraphs (A), (B), and (C) of paragraph (8) of Code Section 50-16-31, and may be made by the commission without a request to acquire from another state agency, or without a request from another state agency, state authority, or other instrumentality of the state to provide or perform acquisition related services; to provide that notwithstanding any provisions and requirements of law to the contrary and particularly notwithstanding the requirements of Code Section 50-16-39, the commission, acting for and on behalf of and in the name of the state, is empowered to deed, lease, rent, or license any such acquired property to any state authority or other instrumentality of the state for public transportation use; to provide that the foregoing powers, except as otherwise herein provided, are cumulative, and not in derogation, of other powers of the commission as set forth in the "State Properties Code"; to provide that the foregoing powers are intended to be exercised independently of any power or action by any other state agency, state authority, or other unit or instrumentality of government, but said powers are not intended to repeal similar or related powers in any other state agency, state authority, or other unit or instrumentality of government; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, known as the "State Properties Code," is amended by adding, following Code Section 50-16-34, a new Code Section 50-16-34.1 to read as follows:
"50-16-34.1. (a) The State Properties Commission is empowered and may acquire from a railroad company the real property, including the right of way, and any other properties, personal or otherwise, associated therewith, encompassed within any railroad line that has been abandoned as an operating rail line by said railroad company if the commission first determines that preserving ownership of the said railroad corridor, in whole or in part, may be useful for the present or future needs of public transportation in this state.
(b) Such an acquisition as described in subsection (a) of this Code section shall be in the name of the state, custody in the commission, a 'property' similar to the state owned properties described in subparagraphs (A), (B), and (C) of paragraph (8) of Code Section 50-16-31, and may be made by the commission without a request to acquire from another state agency, or without a request from another state agency, state authority, or other instrumentality of the state to provide or perform acquisition related services.

TUESDAY, FEBRUARY 28, 1989

1595

(c) Notwithstanding any provisions and requirements of law to the contrary and particularly notwithstanding the requirements of Code Section 50-16-39, the commission, acting for and on behalf of and in the name of the state, is empowered and may deed, lease, rent, or license any such acquired property to any state authority or other instrumentality of the state for public transportation use.
(d) Except as otherwise provided for in this Code section, the powers set forth in subsections (a), (b), and (c) of this Code section are cumulative, and not in derogation, of other powers of the commission as set forth in the 'State Properties Code.'
(e) The powers set forth in subsections (a), (b), and (c) of this Code section are intended to be exercised independently of any power or action by any other state agency, state authority, or other unit or instrumentality of government, but said powers are not intended to repeal similar or related powers in any other state agency, state authority, or other unit or instrumentality of government."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 117, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HR 103. By Representative Carrell of the 65th: A resolution compensating Mr. William B. Sellers.

The following amendment was read and adopted:
The Committee on Appropriations moves to amend HR 103 by deleting on lines 12 and 18 the figure "$899.74" and inserting in lieu thereof the figure "$839.07".
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:

Aaron
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
Y Birdsong Y Bishop
Y 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
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
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 Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin
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 Y Isakson Y Jackson,J
Jackson, W Y Jamieson
Jenkins Y Johnson Y Jones
Y Kilgore

1596

JOURNAL OF THE HOUSE,

Kingston Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson
YLee Y Linder
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
Mobley Y Moody Y Moore
Y Morton Moultrie
Y Mueller Oliver.C
Y Oliver.M YOrr
Orrock Y Padgett Y Pannell
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
Stephens
Y Teper Thomas.C Thomas.M
Y Thompson
Y Thurmond Y Titus

Y Tolbett 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
Williams,J Y Yatea Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, as amended, the ayes were 147, nays 0.

The Resolution was adopted.

HR 215. By Representatives Smith of the 152nd and Dixon of the 151st: A resolution compensating Ms. Rebecca Jane Miller.

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

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

Y Clark.H Y Clark.L
Colbert Y Coleman Y Colwell
Connell
Y Couch
Cox Y Crawford
Y Crosby Y Cummings.B Y Cummings.M
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 Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin
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
Y Isakson Y Jackson,J
Jackson.W Y Jamieson
Jenkins Y Johnson Y Jones
Y Kilgore Kingston
Y Lane,D Y Lane.R
Langford Y Lawrence Y Lawson Y Lee
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
Y Milam Mobley
Y Moody Y Moore Y Morton
Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Pannell
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

On the adoption of the Resolution, the ayes were 147, nays 0.

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 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
Williams,J Y Yates Y Yeargin
Murphy.Spkr

TUESDAY, FEBRUARY 28, 1989

1597

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

HR 217. By Representative Crawford of the 5th: A resolution compensating Mrs. Frances M. Harris.

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

Y Clark.H Y Clark.L
Colbert Y Coleman Y Colwell
Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings,B Y Cummings.M
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 Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham
Y Griffin 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 Y Isakson Y Jackson.J
Jackson.W Y Jamieson
Jenkins Y Johnson Y Jones Y Kilgore
Kingston
Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson
YLee Y Under
Long YLord Y Lucas Y Lupton Y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney.B

Y McKinney.C Y Meadows Y Milam
Mobley Y Moody Y Moore Y Morton
Moultrie Y Mueller
Oliver.C Y Oliver,M YOrr
Orrock Y Padgett Y Pannell
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,? Y Smith.T Y Smith.W Y Smyre YSnow
Y Stancil,F Y Stancil.S Y 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
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 adoption of the Resolution, the ayes were 147, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HR 240. By Representatives Athon of the 57th and Mangum of the 57th: A resolution compensating Ms. Eunice Steen.

The following amendment was read and adopted:

The Committee on Appropriations moves to amend HR 240 by deleting on line 22, page 1, and 1.3, page 2 the figure "$1,442.26" and inserting in lieu thereof the figure "$1,183.45".

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

1598

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, as amended, 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 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
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
Y Crosby Y Cummings,B Y Cummings.M
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 Y Floyd Y Foster Y Godbee Y Goodwin
Y Green Y Greene
Gresham
Y Griffin 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 Y Isakson Y Jackson,J
Jackson,W
Y Jamieson Jenkins
Y Johnson Y Jones Y Kilgore
Kingston Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson
YLee Y Under
Long YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney.B

Y McKinney.C
Y Meadows Y Milam
Mobley
Y Moody Y Moore Y Morton
Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock
Y Padgett Y Pannell
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 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
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 adoption of the Resolution, as amended, the ayes were 147, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 241. By Representative Coleman of the 118th: A resolution compensating Frances and Bob Hancock.

The following amendment was read and adopted:
The Committee on Appropriations moves to amend HR 241 by deleting on line 17, page 1, and 1.1, page 2 the figure "$80,000" and inserting in lieu thereof the figure "58,966.00".
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:

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

Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove

Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell

TUESDAY, FEBRUARY 28, 1989

1599

Carter Y Chain bless 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 Y Crosby Y Cummings.B Y Cummings.M
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

Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin
Groover
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
Jackson.W Y Jamieson
Jenkins
Y Johnson Y Jones Y Kilgore

Kingston Y Lane,D Y Lane.R
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 Y Milam
Mobley Y Moody Y Moore Y Morton
Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr

Orrock Y Padgett Y Pannell
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 Y 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 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 adoption of the Resolution, as amended, the ayes were 147, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 109. By Representative Goodwin of the 63rd: A resolution compensating Ms. Lorraine Strickland.

The following amendment was read and adopted:

The Committee on Appropriations moves to amend HR 109 by deleting on lines 14 and 24 the figure "$25,901.46" and inserting in lieu thereof the figure "$10,000.00".

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

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 Y Brooks Y Brown YBuck Y Buford YByrd
Y Carrel) 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 Y Crosby Y Cummings.B Y Cummings.M
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 Y Floyd Y Foster
Y Godbee Y Goodwin Y Green
Y Greene Gresham
Y Griffin 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 YIsakson Y Jackson,J
Jackson.W Y Jamieson
Jenkins Y Johnson Y Jones Y Kilgore
Kingston Y Lane,D Y Lane.R
Langford Y Lawrence

1600

JOURNAL OF THE HOUSE,

Y Lawson
Y Lee Y Under
Long 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
Mobley

Y Moody Y Moore Y Morton
Moultrie Y Mueller
Oliver.C
Y Oliver.M YOrr
Orrock Y Padgett Y Pannell
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
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
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 adoption of the Resolution, as amended, the ayes were 147, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 102. By Representative Heard of the 43rd: A resolution compensating Mr. John Barrow.

The following amendment was read and adopted:

The Committee on Appropriations moves to amend HR 102 by deleting on lines 16 and 22 the figure "665.00" and inserting in lieu thereof the figure "225.00".

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

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 Y Benn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown
YBuck Y Buford YByrd Y Carrell
Carter Y Chambless

Y Chance Y Cheeks Y Childers
Clark.B Y Clark,H Y Clark.L
Colbert Y Coleman
Y Colwell Connell
Y Couch Cox
Y Crawford
Y Crosby Y Curnmings.B Y Cummings.M
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 Y Floyd Y Foster Y Godbee Y Goodwin

Y Green Y Greene
Gresham
Y Griffin 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 Y Isakson Y JacksonJ
Jackson.W
Y Jamieson Jenkins
Y Johnson Y Jones Y Kilgore
Kingston
Y Lane.D Y Lane,R
Langibrd
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
Y Milam Mobley
Y Moody Y Moore Y Morton
Moultrie Y Mueller
OHver.C Y Oliver.M YOrr
Orrock Y Padgett
Y Pannell 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
Y Steele Stephens
Y Teper Thomas.C Thomas,M
Y Thompson

TUESDAY, FEBRUARY 28, 1989

1601

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

Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, as amended, the ayes were 147, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 222. By Representative Davis of the 45th: A resolution compensating Ms. Janet P. Mathias.

The following amendment was read and adopted:

The Committee on Appropriations moves to amend HR 222 by deleting on lines 14 and 20 the figure "681.75" and inserting in lieu thereof the figure "50.00".

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

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

Y Clark.H Y Clark.L
Colbert Y Coleman Y Colwell
Connell
Y Couch Cox
Y Crawford
Y Crosby Y Cummings.B Y Cummings.M
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 Y Floyd Y Foster
Y Godbee Y Goodwin Y Green Y Greene
Gresham
Y Griffin 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 Y Isakson Y Jackson,J
Jackson.W
Y Jamieson Jenkins
Y Johnson Y Jones Y Kilgore
Kingston
Y Lane.D Y Lane.R
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 Y Milam
Mobley Y Moody Y Moore Y Morton
Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock
Y Padgett Y Pannell
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
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
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 adoption of the Resolution, as amended, the ayes were 147, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

1602

JOURNAL OF THE HOUSE,

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.

The report 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.

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

SB 286. By 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 Senate amendment was read:

Amend the House substitute to SB 286 by striking on page 3, line 6, "July 1" and inserting in lieu thereof "January 1",
and
By striking on page 3, line 7, "1989" and inserting in lieu thereof "1990".

Representative Alien of the 127th moved that the House agree to the Senate amendment to the House substitute to SB 286.
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 Bill of the House was taken up for consideration and read the third time:

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.

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

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 authorize certain officers and officials

TUESDAY, FEBRUARY 28, 1989

1603

to use or display the great seal or a facsimile of the state emblem; to prohibit certain 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; to provide for a definition; to provide for criminal penalties; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the great seal of the state, is amended by adding a new Code section at the end thereof, to be designated Code Section 50-3-32, to read as follows:
"50-3-32. (a) As used in this Code section, the term 'election' means any primary election; run-off election, either primary or general; special election; general election; or recall election.
(b) Every constitutional officer; every official elected state wide; the executive head of every state department or agency, whether elected or appointed; each member of the General Assembly; and the executive director of each state authority shall be authorized to use or display the great seal or a facsimile of the state emblem for official state purposes and, in addition, each of the officials enumerated in this subsection who are elected officials shall be authorized to use or display 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.
(c) Except as otherwise authorized by Code Section 50-3-31 or subsection (b) of this Code section, it shall be unlawful for any person, firm, corporation, or campaign committee to use or display 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.
(d) Any person who violates any provision of subsection (c) of this Code section shall be guilty of a misdemeanor."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Kilgore of the 42nd moves to amend the Floor substitute to HB 529 as follows:
Add after "office" on line 14 page 2 the following:
"in such a manner as to falsely suggest or imply that the person on whose behalf the same is used is at the time a holder of a public office for which a commission bearing said seal is used."

The Floor substitute, as amended, was adopted.

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

Y Aaron 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

Y 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

1604

JOURNAL OF THE HOUSE,

Y Clark.B Y Clark.H Y Clark.L Y Colbert
Coleman Y Colwell
Connell Y Couch
Cox N 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 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
Jones Y Kilgore
Kingston Y Lane.D Y Lane.R

Langford Y Lawrence Y Lawson YLee Y Under
Long 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 NOrr
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
Y Snow

Y Stancil.F Y Stancil.S
Y Stanley Y Steele Y Stephens Y Teper
Thomas.C Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert
Y Townsend Y Twiggs Y Vaughan
Waddle Y 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

On the passage of the Bill, by substitute, as amended, the ayes were 155, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 297 Do Pass, by Substitute
Respectfully submitted, /s/ Lee of the 72nd
Chairman

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

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 28, 1989
Mr. Speaker and Members of the House:
Your Committee on Rules met and submits the following supplemental to the calendar already adopted this February 28, 1989, by adding the following:
HB 850 School Bus Drivers: Minimum Salary
SB 297 Public Records: Certain Staff Services: Disclosure Requirements
Except as herein amended, the provisions of the calendar heretofore submitted shall remain in full force and effect.

TUESDAY, FEBRUARY 28, 1989

1605

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

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

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.

The following amendment was read and adopted:

The Committee on Appropriations moves to amend HB 850 by adding on line 5 of page 1 after the word and symbol "drivers;" and before the word "to" the following:
"to provide conditions for this Act to become effective;". By adding between lines 8 and 9 of page 2 the following: "Section 2. This Act shall become effective only upon funds being appropriated by the General Assembly for the purposes of this Act." By striking from line 9 of page 2 the following: "Section 2.", and inserting in its place the following: "Section 3."

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 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
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 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 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
Jones Y Kilgore
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

1606

JOURNAL OP THE HOUSE,

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

The following Bills and Resolution of the House was taken up for the purpose of considering the Senate amendment or substitutes thereto:
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 Senate substitute was read:
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.
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 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 published at least once during the 30 days immediately preceding the filing of the application for a 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.

TUESDAY, FEBRUARY 28, 1989

1607

(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.

Representative Redding of the 50th moved that the House agree to the Senate substitute to HB 169.
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 Y Balkcom Y Bannister
Y Barfoot Bargeron
Y Harriett,R Y Barnett.M
Beck Y Benefield
YBenn Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford NByrd Y Carrell
Carter Y Chambless
Chance
Y Cheeks Childers Clark,B

Y Clark.H
Clark.L Y Colbert Y Coieman Y Colwell
Connell Y Couch
Cox N Crawford
Y Crosby Y Cummings.B
Cummings.M
Y Davis.C Davis.G
Y Davis.M Y Dixon.H Y Dixon,S N Dobbs
Dover Y Dunn
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
Y Hamilton Y Hanner 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
Y Jackson.W Jamieson
Y Jenkins Y Johnson
Jones Y Kilgore
Kingston Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson
YLee Y Linder
Long YLord Y Lucas Y Lupton
Y Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney.B

On the motion, the ayes were 133, nays 6. The motion prevailed.

Y McKinney.C
Meadows Milam Y Mobley Y Moody Y Moore
Y Morton N 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
Ray Reaves Y Redding Y Richardson Ricketson Y Robinson Y Royal Selman 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
Thomas.C Y Thomas.M Y Thompson
Thurmond Y Titus
Y Tolbert Y Townsend N Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker,L
Wall Y Ware Y Watson Y Watts Y White
Wilder Y Williams.B
Williams,J Y Yates Y Yeargin
Murphy.Spkr

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 Senate substitute was read:

1608

JOURNAL OF THE HOUSE,

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 in any real estate transaction that the property is or 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 in any real estate transaction the fact or suspicion that such property:
(1) Is or was occupied by a person who was infected with a virus 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 presently or 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 concerning the provisions of paragraph (1) or (2) of this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Dunn of the 73rd moved that the House agree to the Senate substitute to HB 519.
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 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
Brown YBuck Y Buford YByrd Y Carrell
Carter Y Chambless

Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L Y Colbert
Y Coleman Y Colwell
Connell Y Couch
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 Edwards Ehrhart
N 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 Y Heard Y Herbert Y Holcomb Y Holland
Holmes Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson, W Jamieson Jenkins
Y Johnson Y Jones Y Kilgore
Kingston
Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson

YLee Y Linder
Long 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 N Mortem Y Moultrie N 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
Ray 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
Smyre YSnow
Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper
Thomas.C Y Thomas.M Y Thompson

TUESDAY, FEBRUARY 28, 1989

1609

Thurmond Y Titus YTolbert Y Townsend

V Twiggs NVaughan
Waddle Y Walker.C

Y Walker.L Y Wall Y Ware Y Watson

Y Watts Y White
Wilder N Williams,B

Williams,J Yates Y Yeargin Murphy,Spkr

On the motion, the ayes were 137, nays 7. The motion prevailed.

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 following Senate substitute was read:

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; to provide for matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner and the Department of Natural Resources has custody of certain real property lying within the boundaries of the Fort Yargo State Park, Barrow County, Georgia; and
WHEREAS, situated thereon is a 256 acre lake constructed in the 1960's for the multiple purposes of floodwater and sediment detention, water storage for fish and wildlife, and water storage for residential and industrial use; and
WHEREAS, in the Watershed Work Plan, Marbury Creek Watershed, published in 1961, all references to "residential and industrial use" refer to such use by the City of Winder, one of the local organizations sponsoring the project; and
WHEREAS, the aforesaid work plan allocated 1200 acre feet of water storage in Fort Yargo Lake to the City of Winder for residential and industrial uses; and
WHEREAS, the City of Winder is experiencing tremendous residential and industrial growth, resulting in increasing demands on its water system; and
WHEREAS, the City of Winder has been granted permission to withdraw water from Fort Yargo Lake to help meet the demand on its municipal water system under these conditions; and
WHEREAS, the city wishes to replace a temporary water supply line used for the above-stated purpose with a permanent underground water supply line, install a pumping station on said line, and install a deep water intake in the lake; and
WHEREAS, the State of Georgia and the Department of Natural Resources desire to cooperate with the City of Winder in its attempt to utilize its water storage allocation and to supply the needs of its citizens and are willing to grant the necessary easement to the city for the purposes described above.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

1610

JOURNAL OF THE HOUSE,

Section 1. That the State of Georgia is the owner of the hereinafter described real property, hereinafter referred to as the "easement area," and that in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
Section 2. That the State of Georgia, acting by and through its State Properties Commission, is authorized to grant to the City of Winder, a political subdivision of the State of Georgia, an easement for the construction, installation, operation, maintenance, repair, replacement, and improvement of an underground water supply line, pumping station, and deep water intake, as described above in this resolution, upon and under real property lying within the boundaries of the Fort Yargo State Park, Barrow County, Georgia, and more particularly described as follows:
The real property over which the easement is to be granted consists of a strip of land 30 feet in width, a portion of which lies within the bounds of an existing sewer easement owned by the City of Winder, located approximately as shown on a drawing labled "Raw Water Force Main for City of Winder, Georgia," prepared by Hightower Consulting Engineers, Social Circle, Georgia, 30279, dated June 6, 1988, said drawing being on file in the offices of the Department of Natural Resources and the City of Winder; and said easement may include such portion of Fort Yargo Lake as selected by the State Properties Commission, after consultation with the Department of Natural Resources and the superintendent of Fort Yargo State Park, as may be necessary to accommodate a deep water intake structure; and said easement may include a license upon the same terms and conditions set forth in the license agreement dated November 29, 1988, between the Department of Natural Resources and the City of Winder.
Section 3. That the term of the easement shall be perpetual as long as the easement area is used for the purposes described in this resolution.
Section 4. That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the Official Code of Georgia Annotated requiring that a conveyance of real property by the state be filed with the State Properties Commission and accompanied by a plat of the property conveyed, the plat of survey of the property, prepared by a Georgia Registered Land Surveyor, the conveyance of which is authorized by this resolution, to be furnished by purchaser, and presented to and approved by the State Properties Commission, shall constitute an acceptable plat for filing.
Section 5. That no title shall be conveyed to the City of Winder and, except as herein specifically granted to the City of Winder, all rights, title, and interest in and to said easement area are reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Winder.
Section 6. That the State Properties Commission is authorized to do all acts and things necessary and proper to effect the grant of the easement provided for in this resolution.
Section 7. That the consideration for such easement shall be $650.00 and the mutual benefit to the parties from the construction, operation, and maintenance of the facilities placed upon and under the easement area.
Section 8. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 9. That all laws or parts of laws in conflict with this resolution are repealed.

Representative Mobley of the 64th moved that the House agree to the Senate substitute to HR 98.
On the motion the ayes were 110, nays 0.

TUESDAY, FEBRUARY 28, 1989

1611

The motion prevailed.

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 following Senate amendment was read:

Amend HB 481 by striking from line 27 of page 1 the following:

and inserting in lieu thereof the following: "registered or certified or". By striking from line 9 of page 2 the following:

and inserting in lieu thereof the following:
"registered or certified or".
By striking all matter on lines 23 through 34 of page 2 and inserting in lieu thereof the following:
"43} (c) If no return receipt is on file or if notice is returned through the mail, the notice shall be by personal service; except that, if the notice mailed by registered, certified, or first-class mail, as provided in this subsection Code section, is returned through the mail as 'refused' or 'unclaimed,' the notice shall be sufficiently served."
Representative Coleman of the 118th moved that the House agree to the Senate amendment to HB 481.
On the motion, 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
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
Buford YByrd Y Carrell
Carter Y Chambless Y Chance
Cheeks Y Childers
Clark.B 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 Davis.G
Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn
Edwards 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

Y Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J
Jackson.W Jamieson Y Jenkins Y Johnson Jones Y Kilgore Kingston Y Lane.D Lane,R 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

1612

JOURNAL OF THE HOUSE,

Orrock Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Pettit Y Pinkston Y Poag
Y Porter Y Poston
Powell

Y Rainey Randall
Y Ransom Ray Reaves
Redding Y Richardson Y Ricketson Y Robinson
Y Royal Selman
Y Simpson

Sinkfield Y Smith.L
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 134, nays 0. The motion prevailed.

Y Tepet 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 Ware Y Watson Y Watts
Y White Wilder Williams,B Williams,J
Yates Y Yeaigin
Murphy.Spkr

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

SB 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.

The following Committee substitute was read:

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 applications, correspondence, resumes, and other documents relating to the appointment or hiring of certain personnel in the University System of Georgia; 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; 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 50-18-72 of the Official Code of Georgia Annotated, relating to public records for which public disclosure is not required, is amended by striking paragraph (5) of subsection (a) and inserting in its place a new paragraph (5) of subsection (a) to describe a class of records for which public disclosure is not required and to read as follows:
"(5) Records that consist of: (A) confidential evaluations submitted to, or examinations prepared by, a governmental agency and prepared in connection with the appointment or hiring of a public officer or employee; (B) applications, correspondence, resumes, or other records or documents received or prepared by or for the Board of Regents of the University System of Georgia in connection with the appointment or hiring of the president of any institution subject to its jurisdiction, provided that such information, except confidential letters of reference or evaluation, with respect to the individual appointed or hired shall be subject to disclosure ten days after the hiring or appointment; and (C) records consisting of material obtained in investigations related to the suspension, firing, or investigation of complaints against public officers or employees until ten days after the same has been presented to the agency or an officer for action or the investigation is otherwise concluded or terminated, provided that this paragraph shall not be interpreted to make such investigatory records privileged;".

TUESDAY, FEBRUARY 28, 1989

1613

Section 2. Said Code section is further amended by replacing the period at the end of paragraph (6) of subsection (a) with the symbol and word "; or" and by adding thereafter a new paragraph (7) of subsection (a) to describe a class of records for which public disclosure is not required and to read as follows:
"(7) Related to the provision of staff services to individual members of the General Assembly by the Legislative and Congressional Reapportionment Office, the Senate Research Office, or the House Research Office, provided that this exception shall not have any application with respect to records related to the provision of staff services to any committee or subcommittee or to any records which are or have been previously publicly disclosed by or pursuant to the direction of an individual member of the General Assembly."
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 Porter of the 119th moves to amend the Committee substitute to SB 297 as follows:
Strike all matters on lines 3, 4, 5, 6 & 7, page one from "so" thru "Georgia;"
Strike all matters on line 14 page one through line 14 on page 2
By renumbering Sections 2, 3 & 4 to Sections 1, 2 & 3.

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
Athon N Atkins Y Bailey
N Baker Y Balkcom Y Bannister
Y Barfoot Bargeron
N 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

Carter Y Chambless Y Chance
Y Cheeks N Childers Y Clark.B
N Clark.H Y CIark,L N Colbert Y Coleman Y Colwell Y Connell Y Couch
Cox Y Crawford Y Crosby N Cummings.B Y Cummings,M Y Davis.C Y Davis.G N Davis.M Y Dixon.H
Y Dixon.S N Dobbs Y Dover YDunn
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 Manner Y Harris Y Hasty N Heard
Herbert Y Holcomb Y Holland Y Holmes
Hooks N Howren Y Hudson Y Irwin
N Isakson Y Jackson.J Y Jackson, W
Jamieson Y Jenkins
Y Johnson N Jones
Y Kilgore

Kingston N Lane.D N Lane.R
Y Langford N Lawrence Y Lawson YLee
Linder Long YLord Y Lucas Lupton Y Mangum Y Martin YMcCoy N McDonald N McKelvey McKinney.B Y McKinney.C Y Meadows Milam
Y Mobley Y Moody Y Moore N Morton Y Moultrie N Mueller
Oliver.C Y OIiver,M YOrr

Orrock Y Padgett N Pannell
Y Parham Y Parrish
Patten Y Pettit
Pinks ton YPoag N Porter YPoston N 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 N Smith,L N Smith,P Y Smith.T Y Smith,W YSmyre

1614

JOURNAL OF THE HOUSE,

YSnow Y Stancil.F N Stancil.S
Stanley Y Steele Y Stephens

YTeper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus

N Tolbert N Townsend Y Twtggs N Vaughan N Waddle Y Walker.C

Walker.L Y Wall Y Ware Y Watson Y Watts Y 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 119, nays 38.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Stanley of the 33rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Groover of the 99th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

WEDNESDAY, MARCH 1, 1989

1615

Representative Hall, Atlanta, Georgia Wednesday, March 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.
The roll was called and the following Representatives answered to their names:

Aaron Abernathy Adams Aiken
Alien Athon Atkins Bailey
Baker
Balkcom Bannister Barfoot Barnett.B Beck Benefield
Benn Birdsong Bishop Bostick Branch Breedlove Brooks Brown Buck Buford Byrd
Carrell Carter Chambless Chance

Childers Clark.H Clark.L Colbert Coleman Connell
Couch Crawford Crosby Cummings,B Davis.C Davis.G
Davis.M Dixon.H Dixon.S Dobbs Dover Dunn Ehrhart Fennel Floyd Foster
God bee Green
Greene Gresham Griffin Groover Hamilton Harris

Hasty
Heard
Herbert Holcomb Holland 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
Mangum Martin
McCoy

McKelvey
McKinney.C
Meadows Milam Mobley
Moody Moore Morton Moultrie
Mueller
Oliver.M Orr
Orrock Padgett Pannell
Parham
Parrish Patten
Pettit Poag Porter Pos ton Powell Rainey
Ransom Ray Reaves Richardson Ricketson Robinson

Royal Selman Simpson Sinkfield
Smith.L
Smith.P Smith,T Smith.W Snow Stancil.F Stancil.S Stanley Steele Stephens Teper Thurmond Titus
Tolbert
Vaughan
Waddle
Wall
Ware
Watson
Watts
Wilder
Williams.B
Williams,J
Yates
Yeargin

Prayer was offered by the Reverend Dr. S. Miriam Dunson, Pastor, Presbyterian 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.

1616

JOURNAL OP THE HOUSE,

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

HB 1027. By Representatives Padgett of the 86th, Brown of the 88th, Ransom of the 90th, Connell of the 87th and Cheeks of the 89th:
A bill to amend an Act creating a merit system of employment and personnel administration for employees of the sheriff in Richmond County and creating the Richmond County Sheriffs Merit System Board, so as to provide that the members of the board shall receive compensation for their services as members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1028. By Representatives Buck of the 95th, Stancil of the 66th, Adams of the 79th and Lane of the lllth:
A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to change certain definitions of educational loans administered by the Georgia Higher Education Assistance Corporation and the Georgia Student Finance Authority; to authorize participation in privately sponsored loans.
Referred to the Committee on University System of Georgia.

HB 1029. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend an Act placing the clerk of the Superior Court of Carroll County on an annual salary, so as to change the compensation of the clerk of the Superior Court of Carroll County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1030. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend an Act creating the State Court of Carroll County, so as to change the compensation of the judge of said court.
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 1031. By Representatives Jackson of the 9th, Watts of the 41st and Kilgore of the 42nd:
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 Motor Vehicles.

WEDNESDAY, MARCH 1, 1989

1617

HB 1032. By Representative Smith of the 152nd:
A bill to amend an Act creating a board of commissioners of Bacon County, so as to provide that the compensation of the chairman of the board of commissioners shall be the average of the compensation of the constitutional officers of Bacon County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1033. By Representatives Alford of the 57th, Richardson of the 52nd, Redding of the 50th, Williams of the 48th, Mangum of the 57th and others:
A bill to amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, known as the "DeKalb County Special Services Tax Districts Act," so as to provide for certain limitations on the millage rate levied in certain municipalities.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1034. By Representative Smith of the 152nd:
A bill to amend an Act placing the sheriff of Bacon County on an annual salary in lieu of the fee system of compensation, so as to increase the number of secretaries and jailers; to provide for a chief deputy; to provide for an investigator and his salary.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1035. By Representative Padgett of the 86th:
A bill to amend Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to change the provisions relating to retirement benefits for clerks of the superior court and their spouses who are receiving benefits under this article or who may become eligible for benefits in the future.
Referred to the Committee on Retirement.

HR 383. By Representative Randall of the 101st: A resolution creating the House Medical Examiner Study Committee.
Referred to the Committee on Rules.

HR 386. By Representatives Brooks of the 34th, Holmes of the 28th, White of the 132nd, Sinkfield of the 37th, Davis of the 29th and others:
A resolution urging the Board of Regents of the University System of Georgia to study the establishment of a program allowing attendance by fulltime state employees at units of the University System of Georgia without payment of tuition or other fees.
Referred to the Committee on University System of Georgia.

HR 387. By Representatives Kingston of the 125th, Mueller of the 126th, Johnson of the 123rd, Pannell of the 122nd, Hamilton of the 124th and others:
A resolution authorizing the exchange of certain state owned real properties located in Chatham County, Georgia.
Referred to the Committee on State Institutions & Property.

1618

JOURNAL OP THE HOUSE,

HR 388. By Representative Heard of the 43rd:
A resolution urging that an agricultural priority be given to nurserymen and landscapers during water shortages.
Referred to the Committee on Natural Resources & Environment.

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

HB 986 HB 987 HB 988 HB 989 HB 990 HB 991 HB 992 HB 993 HB 994 HB 995 HB 996 HB 997 HB 998 HB 999 HB 1000 HB 1001 HB 1002 HB 1003 HB 1004 HB 1005 HB 1006 HB 1007 HB 1008 HB 1009 HB 1010 HB 1011 HB 1012 HB 1013 HB 1014 HB 1015 HB 1016 HB 1017 HB 1018 HB 1019 HB 1020 HB 1021 HB 1022
HB 1023 HB 1024 HB 1025 HB 1026 HR 367 HR 369 HR 370

HR 371 HR 372 SB 208 SB 227 SB 237 SB 270 SB 271 SB 280 SB 296 SB 309 SB 310 SB 311 SB 320 SB 323 SB 333 SB 342 SB 345 SB 346 SB 350 SB 351 SB 353 SB 354 SB 355 SB 360 SB 361 SB 367 SB 368 SB 369 SB 371 SB 372 SB 374 SB 375 SB 376 SB 377 SB 379 SB 382 SB 383
SR 54 SR 128 SR 152 SR 154 SR 164 SR 171 SR 175

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

WEDNESDAY, MARCH 1, 1989

1619

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 779 Do Pass, by Substitute HB 902 Do Pass, by Substitute HB 965 Do Pass, by Substitute HB 966 Do Pass
HHBBR Q996689 DnDo0oPPaassss HB 970 DoPass HB 971 Do Pass HB 972 Do Pass HB 973 Do Pass

HB 976 Do Pass HB 977 Do Pass HB 979 Do Pass HB 980 DO Pass
H,,,B-. 99_8f1 D?~.oP?aassss HB 983 Do Pass HB 984 Do Pass HB 985 Do Pass SB 285 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, MARCH 1, 1989
Mr. Speaker and Members of the House:
The House Committee on Rules has fixed the calendar for this 34th Legislative Day as enumerated below:
HR 14 House Movie Industry Study Committee: Create HR 312 State Boards of Ed/Tech and Adult Education: Liaison Committee
SB 105 Fishing: Creel Limits: Opening and Closing of Salt Waters SB 113 Private Schools: Certificates of Authorization SB 142 Southern Judicial Circuit: Add Judge SB 145 Counties: Official Organ: Notification SB 152 Firemen's Pension Fund: Restrict Certain Membership SB 180 Juvenile Proceedings: Detention Homes for Delinquent Children SB 186 Bad Checks: Lien on Merchandise SB 214 Used Car Dealers: Definition SB 272 Foresters: Qualifications and Requirements: Licensing
SR 127 Decatur County: Convey Property to City of Bainbridge
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 72nd
Chairman

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 984. By Representative Chance of the 129th:
A bill to provide a $10,000.00 homestead exemption from ad valorem taxes of the Town of Rincon, Georgia, for individuals 65 years of age or older.

1620

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
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 YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown YBuck Y Buford
Byrd Y Carrell
Y Carter Y Chambless Y Chance
Cheeks Y Childers
Clark.B

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
Dobbs Y Dover Y 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
Holmes Y Hooks Y Howren
Hudson N Irwin Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones
Kilgore Y Kingston Y Lane.D Y Lane,R
Langford Y Lawrence Y Lawson YLee
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
Morton Moultrie Y Mueller
Oliver.C Oliver.M YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit Pinkston
YPoag Porter Poston
Y Powell Y Rainey Y Randall N Ransom
Ray Y Reaves
Redding Richardson Ricketson Y Robinson
Y Royal Selman Simpson

Y Sinkfield Y Smith.L
Smith.P
Smith.T Y Smith,W
Smyre YSnow
Y Stancil.F Y Stancil,S
Stanley Y Steele
Stephens Y Teper Y Thomas.C
Thomas,M Thompson Y Thurmond 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, the ayes were 124, nays 2. The Bill, having received the requisite two-thirds constitutional majority, was passed.

By unanimous consent, the roll call for HB 984 was made applicable to all other Local Bills passed today.

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

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.

The following Committee substitute was read and adopted:

A BILL
To amend an Act establishing the compensation of certain officials in Richmond County, approved April 12, 1982 (Ga. L. 1982, p. 3941), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 5003) and an Act approved March 31, 1987 (Ga. L. 1987, p. 5361), so as to change the compensation of certain officials; to provide for the payment of such compensation; to provide an effective date; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 1, 1989

1621

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act establishing the compensation of certain officials in Richmond County, approved April 12, 1982 (Ga. L. 1982, p. 3941), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 5003) and an Act approved March 31, 1987 (Ga. L. 1987, p. 5361), is amended by striking in its entirety Section 1 thereof and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. (a) The following officials of Richmond County, Georgia, shall receive an annual salary, payable from the funds of Richmond County, Georgia, as follows:
(1) Clerk of superior court and state court ....................................................$ 37,988.00 (2) Judge of the probate court.......................................................................... 40,071.00 (3) Tax commissioner......................................................................................... 46,300.00 (4) Judge of the state court............................................................................... 59,000.00 (5) Solicitor of the state court.......................................................................... 24,200.00 (6) Coroner........................................................................................................... 30,000.00 (7) Judge of the civil court................................................................................ 45,267.00 (8) Associate judge of the civil court............................................................... 45,847.00 (9) Chairman of the board of commissioners................................................. 10,600.00 (10) Member of the board of commissioners ................................................... 8,200.00 (11) District attorney........................................................................................... 11,900.00 (12) Judge of the superior court......................................................................... 14,981.00 (13) Sheriff............................................................................................................. 48,150.00 (b) The compensation provided for in subsection (a) of this section shall be paid in equal monthly installments."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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 124, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating a board of commissioners of Madison County, approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4775), so as to change certain provisions relating to the compensation of the chairman and other members of the board of commissioners; to provide for reimbursement of certain expenses; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a board of commissioners of Madison County, approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, particularly by an Act approved March

1622

JOURNAL OF THE HOUSE,

24, 1988 (Ga. L. 1988, p. 4775), is amended by striking subsection (a) of Section 9 and inserting in its place a new subsection (a) to read as follows:
"(a) The chairman of the board of commissioners of Madison County shall receive an annual salary in an amount equal to the annual salary now or hereafter received by the sheriff of Madison County; provided, however, that the chairman shall receive an annual cost-of-living increase in salary as provided in this subsection notwithstanding the fact that such increase results in a salary higher than that of the sheriff. The salary of the chairman shall be payable in equal monthly installments from county funds. Other members of the board shall receive a salary of $3,600.00 per annum, payable in equal monthly installments from county funds. Whenever the employees in the classified service of the state merit system receive a cost-of-living increase of a certain percentage or a certain amount, the salaries of the chairman and other members of the board shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase received by the state employees is in different percentages or different amounts as to certain categories of employees, the salaries of the chairman and other members of the board shall be increased by a percentage or an amount equal to the average percentage or average amount of the general increase in salary granted to the state employees. The periodic changes in the salaries of the chairman and other members of the board shall become effective six months following the date that the costof-living increases received by state employees become effective. The vice-chairman of the board of commissioners shall receive an additional $600.00 per year, payable in equal monthly installments from county funds."
Section 2. Said Act is further amended by striking in its entirety Section 10 and inserting in lieu thereof a new Section 10 to read as follows:
"Section 10. In addition to the salaries set forth in Section 9 of this Act, the chairman and each member of the board shall, upon submission of a nonitemized voucher which shall not be subject to audit, be reimbursed for expenses as follows:
(1) A sum not to exceed $300.00 per month for general expenses, including without limitation office supplies; postage; telephone service; transportation within the county or to and from locations not more than 50 miles from the county boundaries, reimbursed at the rate of 254 per mile; and other general expenses incurred in the exercise of the duties of office; and
(2) In addition to the amount provided by paragraph (1) of this section, a sum not to exceed $500.00 per month for expenses related to travel to locations more than 50 miles from the boundaries of the county, including without limitation meals, lodging, and transportation incurred in the exercise of the duties of office, reimbursed at the rate of 25$ per mile. No reimbursement voucher submitted pursuant to this paragraph shall be subject to review."
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 124, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 965. By Representative Greene of the 130th: A bill to create a board of commissioners of Webster County.

The following Committee substitute was read and adopted:

WEDNESDAY, MARCH 1, 1989

1623

A BILL
To create a board of commissioners of Webster County; to provide for the qualifications and election of members of said board; to provide for commissioner districts; to provide for a chairman of the board; to provide for the powers and duties of the board and of the chairman; to provide for the compensation of the chairman and other members of the board; to provide for other matters relative to the foregoing; to provide for effective dates; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) There is created a board of commissioners of Webster County to consist of a chairman and two other members to be elected as provided in this Act. Each candidate for membership on the board, other than the chairman, shall be a resident of a commissioner district provided for in subsection (b) of this section which the candidate offers to represent and shall be elected by a majority vote of the qualified voters of such district voting in the elections provided for in this Act. Each candidate for chairman of the board shall be a resident of Webster County and shall be elected by a majority vote of the qualified voters of the entire county voting in the elections provided for in this Act.
(b) For the purpose of electing members of the board of commissioners, other than the chairman, Webster County is divided into two commissioner districts as follows:
Commissioner District 1 All that territory in Webster County which lies West of a line beginning with the intersection of the Marian and Webster County Line with the centerline of County Road 127 and thence proceeding southerly and southwesterly along the centerline of County Road 127 to its intersection with the centerline of Georgia State Highway 153; thence proceeding southwesterly along the centerline of Georgia State Highway 153 to its intersection with the centerline Georgia State Highway 41; thence proceeding southerly along the centerline of Georgia State Highway 41 to its intersection with the centerline of County Road 10; thence proceeding in a southeasterly direction along the centerline of County Road to its intersection with Harrell Mill Creek; thence proceeding in a southwesterly direction along Harrell Mill Creek to its intersection with a stream flowing southerly and intersecting County Road 40; thence proceeding westerly along the centerline of County Road 40 to its intersection with the centerline of County Road 36; thence proceeding southeasterly along the centerline of County Road 36 to its intersection with the centerline of County Road 7; thence proceeding in a southwesterly direction along the centerline of County Road 7 to its intersection with centerline of County Road 124, thence proceeding northwesterly along the centerline of County Road 124 to its intersection with the centerline of Georgia State Highway 41; thence proceeding in a southerly direction along the centerline of Georgia State Highway 41 to its intersection with the Webster and Randolph County Line.
Commissioner District 2 All that territory in Webster County which lies East of the line described in Commissioner District 1.
Section 2. (a) At the general election in 1992 and every four years thereafter, all three members of the board of commissioners shall be elected. Each member shall serve for a term of office of four years and until a successor is elected and qualified. Successors to such members shall serve for terms of office of four years and until their successors are elected and qualified. All members shall take office on the first day of January immediately following their election.
(b) All members of the board of commissioners shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code."
(c) The commissioner of Webster County who was elected pursuant to the provisions of an Act creating the office of commissioner of Webster County approved August 23, 1931 (Ga. L. 1931, p. 597), as amended, shall continue to hold office until the first board of

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commissioners elected pursuant to the provisions of subsection (a) of this section takes office on January 1, 1993.
Section 3. Each person offering as a candidate for membership on the board of commissioners shall have been a resident of Webster County for at least 24 months immediately preceding the date the person is nominated as a candidate for said office. Each person offering as a candidate to represent Commissioner District 1 or 2 shall be a resident of the respective commissioner district at the time of qualifying for nomination as a candidate for said office. A member of the board of commissioners representing Commissioner District 1 or 2 shall remain a resident of the respective commissioner district during a term of office, and a vacancy shall be created if such a member moves from the commissioner district from which elected.
Section 4. In the event a vacancy occurs in the chairmanship or other member of the board when more than six months remain before the expiration of the term of office, it shall be the duty of the election superintendent for the county, within 15 days after such vacancy occurs, to issue the call for a special election for the purpose of filling such vacancy. If the vacancy is in the membership from Commissioner District 1 or 2, the special election shall be held only in the commissioner district where the vacancy exists. The special election shall be held countywide if the vacancy is in the office of chairman. Any such special election shall be governed by the provisions of law providing for the holding and conducting of special elections. In the event a vacancy occurs in the chairmanship or other member of the board with six months or less remaining before the expiration of the term of office, the probate judge of Webster County shall appoint a qualified person to fill the vacancy for the unexpired term.
Section 5. The chairman and other members of the board of commissioners of Webster County shall be commissioned by the Governor of Georgia and shall make and subscribe, before any officer authorized to administer oaths, an oath for the faithful discharge of their duties and to account for all funds and property of the county coming into their possession. Such commissioners shall, before entering upon the duties of their office, give a bond in the sum of $10,000.00 each, to be approved by the probate judge, and payable to the probate judge and said officer's successors in office, conditioned upon the faithful discharge of their duties, and to account for all funds and property of the county coming into their possession. The surety on the bonds shall be a corporate surety company authorized to do business in this state, and the premiums therefor shall be paid from county funds. Such bonds shall be filed in the office of the probate judge and shall be recorded upon said officer's minutes.
Section 6. The board of commissioners shall hold a regular meeting for the transaction of public business pertaining to county matters which shall be held in an appropriate office of the courthouse of Webster County on the first Tuesday in each month of the year, but the board of commissioners may hold additional meetings at any time they deem proper, upon the call of the chairman or upon the written request of two commissioners other than the chairman. The members of the board of commissioners shall be authorized to administer oaths and hear testimony as to all matters over which they have jurisdiction when meeting to conduct business pertaining to the county.
Section 7. The chairman of the board of commissioners shall employ a clerk and such other personnel as the chairman deems necessary. All such personnel shall receive the compensation fixed by the full board of commissioners which shall be paid from county funds. It shall be the duty of the clerk of the board to attend all meetings of the board of commissioners and keep complete and orderly minutes of all such meetings. The clerk shall file and keep in the order of their date all original orders and papers, petitions, applications, and other papers addressed to the board of commissioners concerning county business. The clerk shall also keep on record and in a separate book the payment of all money out of the county treasury or county depository by order of the board of commissioners, giving the amount and date of such payments and the persons to whom paid and for what purposes paid. The clerk shall also keep a book showing a full and detailed statement of

WEDNESDAY, MARCH 1, 1989

1625

all accounts and other indebtedness contracted by the board of commissioners. All the books, files, and records required to be used or kept in the office of the board of commissioners shall always be ready and open to inspection by any taxpayer of the county during normal working hours. The clerk before entering on the discharge of the duties of office shall be required to give bond and take the same oath as required by commissioners, which bond shall be in the sum of $5,000.00, payable to the board of commissioners for the faithful performance of the clerk's duties. The clerk shall hold the office at the pleasure of the board of commissioners.
Section 8. Two members of the board shall constitute a quorum but no action shall be taken by the board without the concurring vote of at least two members of the board. The chairman shall at each regular meeting of the board submit a report of the condition of the county affairs and make to the board such recommendations as the chairman may deem proper. The board of commissioners shall set such rules and policies as may be necessary for the proper functioning of the board meetings. The chairman shall be authorized to vote on all matters before the board in the same manner as other members of the board.
Section 9. (a) The chairman of the board of commissioners shall be presiding officer at all meetings of the board unless the chairman is absent, in which event one of the other commissioners shall preside at the meeting. The chairman of the board of commissioners shall be the road commissioner of Webster County. The road commissioner shall supervise and direct the construction, maintenance, and improvement of all roads and bridges in Webster County and supervise and direct the employees, independent contractors, and prison laborers assigned to the road department. The chairman shall conduct these duties pursuant to the policies, rules, resolutions, and ordinances approved by the full board. The chairman shall also provide the board with a monthly report on the general status and condition of the road equipment and personnel matters relating to the road department and the status of all road and bridge projects. The chairman shall be recognized as the official head of Webster County by state, federal, and other authorities for military and ceremonial functions. The chairman may have such additional powers as the board of commissioners may delegate to the chairman. The chairman shall devote full time to the duties of office.
(b) The chairman of the board of commissioners shall receive from the funds of Webster County an annual salary of _____________ which shall be paid in equal monthly installments from the funds of Webster County.
(c) The other members of the board shall receive a salary of ________ per month payable from the funds of Webster County.
Section 10. The board of commissioners of Webster County shall have exclusive jurisdiction and control over the following matters, to wit: in controlling all of the property belonging to the county as the board may deem expedient according to law, including the proceeds of the sale of any and all bonds which may have theretofore been authorized or which may hereafter be authorized in the county; in supervising tax collector's and tax receiver's books; in allowing the insolvent list of the county; in settling all claims and accounts of officers having the care, management, or disbursement of funds belonging to the county and in bringing them to settlement; in providing for the poor of the county; and for the promotion of health as granted by law or not inconsistent with law; to levy taxes for county purposes; to examine the tax digest of the county for the correction of errors; in regulating or fixing license fees or taxes as may be provided by the law; in requiring any county officer or department to submit budget information and budget requests; in maintaining and operating the county public correctional institution or other similar facility of the county as provided by law, such as superintendents, wardens, guards of convicts, and district road overseers; in providing an annual budget and acting on all budgetary matters and budgetary requests. The board of commissioners shall also have and exercise all the powers heretofore vested in the commissioner of Webster County and such other powers as are now or as may hereafter be provided by law for governing authorities of counties, by whatever name called, or as may be necessary for the board of

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commissioners to effectively carry out its jurisdiction over county matters and county finances.
Section 11. The treasurer of Webster County or depository of the county shall not disburse or pay out any funds from the county treasury on any order unless the same shall have been approved by the board of commissioners and signed by the chairman of the board of commissioners, provided this requirement shall not apply to the jury script issued by the clerk of the superior court and orders drawn by the judge of the superior court and district attorney; provided, further, that the board of commissioners may by proper resolution or ordinance prescribe rules and regulations which provide for the signing of checks by a person or persons other than the chairman for the disbursements of county funds. Unless changed by proper resolution or ordinance, only the signature of the chairman of the board of commissioners shall be required to disburse funds.
Section 12. The board of commissioners shall comply with the budgeting and audit requirements of Chapter 81 of Title 36 of the O.C.G.A.
Section 13. The board shall have the authority to employ a competent attorney at law as county attorney to advise the board and represent the county in such matters as the board of commissioners may direct, who shall be paid such salary or compensation as may be fixed by the board. The county attorney shall serve at the pleasure of the board. Whenever it is deemed necessary, the board may employ additional counsel to assist the county attorney who shall be paid such compensation as the board may direct out of regular funds of the county.
Section 14. This Act shall be effective for all purposes on January 1, 1993, and it shall be effective before that date as necessary for the election of the first board of commissioners provided for in this Act at the 1992 general election.
Section 15. An Act creating the office of commissioner of Webster County, approved August 27, 1931 (Ga. L. 1931, p. 597), as amended, is repealed in its entirety on January 1, 1993.
Section 16. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 124, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 966. By Representative Mobley of the 64th:
A bill to amend an Act creating a new charter for the City of Auburn, so as to provide a new charter for the City of Auburn.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 124, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 967. By Representative Meadows of the 91st:
A bill to amend an Act incorporating the City of Manchester, so as to change the name of the city governing authority.

WEDNESDAY, MARCH 1, 1989

1627

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 124, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 968. By Representative Carrell of the 65th:
A bill to amend an Act reincorporating the City of Monroe in the County of Walton, so as to change certain provisions relative to the membership of the Water, Light, and Gas Commission; to change certain terms of the members of such 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 124, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 969. 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 providing an annual salary for the coroner of Muscogee County in lieu of the fee system of compensation, so as to change the compensation of the coroner.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 124, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 970. By Representatives Howren of the 20th, Gresham of the 21st, Vaughan of the 20th, Ehrhart of the 20th, Thompson 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 sheriff, the chief deputy sheriff, the chief investigator, and the executive secretary to the sheriff.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 124, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 971. By Representatives Gresham of the 21st, Atkins of the 21st, Vaughan of the 20th, Ehrhart of the 20th, Howren of the 20th and others:
A bill to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, so as to change the compensation of the tax commissioner, the chief clerk, and the executive secretary.

1628

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 124, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 972. By Representative Carter of the 146th: A bill to amend an Act establishing a new charter for the Town of Sparks.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 124, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 973. By Representatives Royal of the 144th and Powell of the 145th:
A bill to authorize the governing authority of Colquitt 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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 124, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 976. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to provide that Clayton County shall have and be authorized to exercise all redevelopment and other powers authorized or granted to political subdivisions pursuant to the "Redevelopment Powers Law"; to provide for certain such powers.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 124, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 977. By Representatives Ehrhart of the 20th, Vaughan of the 20th, Howren of the 20th, Gresham of the 21st, Atkins of the 21st and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relative to the supplement of the district attorney and the compensation of the chief assistant district attorney and assistant district attorneys.

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

WEDNESDAY, MARCH 1, 1989

1629

On the passage of the Bill, the ayes were 124, nays 2. The Bill, having received the requisite constitutional majority, was passed.

HB 979. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act placing the sheriff, probate judge, clerk of the superior court, and tax commissioner of Henry County on an annual salary, so as to change the compensation of said officers.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 124, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 980. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act entitled "An Act to amend an Act providing a new board of commissioners of Henry County, so as to provide for a chairman of the board of commissioners of Henry County to be elected by the voters of Henry County voting on a county-wide basis; to provide that such chairman shall be the chief executive officer of the county;" and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 124, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 981. By Representatives Stephens of the 68th, Thurmond of the 67th, Irwin of the 13th and Clark of the 13th:
A bill to amend an Act providing a new charter for the City of Athens in Clarke County, so as to authorize the city to have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the "Redevelopment Powers Law," as now or hereafter amended, and provide for certain such powers.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 124, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 982. By Representatives Isakson of the 21st, Howren of the 20th, Aiken of the 21st, Atkins of the 21st, Clark of the 20th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relating to the supplement to be paid to each of the judges of the superior court of said circuit.

The report 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.

1630

JOURNAL OF THE HOUSE,

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

HB 983. By Representatives Isakson of the 21st, Howren of the 20th, Aiken of the 21st, Atkins of the 21st, Clark 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 provisions relating to the compensation of the clerk of the superior court and the deputy clerk of the superior court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 124, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 985. By Representatives Wilder of the 21st, Aiken of the 21st, Atkins of the 21st, Clark of the 20th, Howren of the 20th and others:
A bill to amend an Act creating the board of commissioners of Cobb County, so as to authorize the county manager to remove from office or employment certain department heads.

The report 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.

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

The report 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.

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

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

SB 384. By Senator Kidd of the 25th:
A bill to amend an Act creating a new Board of Education of Wilkinson County, as amended, so as to authorize a member of the board of education to serve simultaneously in an elected office of a municipality.

WEDNESDAY, MARCH 1, 1989

1631

HB 827. By Representatives Holland of the 136th and Hudson of the 117th: A bill to provide a board of elections for Turner County.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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JOURNAL OF THE HOUSE,

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

HB 892. By Representative Yeargin of the 14th: A bill to create the Oglethorpe County Water Authority.

WEDNESDAY, MARCH 1, 1989

1633

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.

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.

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

SB 384. By Senator Kidd of the 25th:
A bill to amend an Act creating a new Board of Education of Wilkinson County, as amended, so as to authorize a member of the board of education to serve simultaneously in an elected office of a municipality.
Referred to the Committee on State Planning & Community Affairs - Local.

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

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.

The report of the Committee, which was favorable to the passage of 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
YAlford 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 Benn

Y Birdsong Y Bishop Y Bostick
Y Branch
YBreedlove Y Brooks
Y Brown Y Buck Y Buford
Byrd Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers
Clark.B
Clark.H Y Clark.L

Y Colbert Coleman
Y Colwell
Connell
Y Couch Cox
Y Crawford Y 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

Ehrhart Y Felton Y Fennel
Y Floyd
Y Foster Godbee
Y Goodwin Green
Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Hanner Harris 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
Johnson Y Jones
Kilgore Y Kingston Y Lane.D Y Lane,R
Y Langford Y Lawrence

1634

JOURNAL OF THE HOUSE,

Y Lawson YLee Y Linder YLong
Lord Y Lucas Y Lupton Y Mangum
Martin
Y McCoy McDonald
Y McKelvey McKinney,B
Y McKinney.C
Y Meadows Milam
Y Mobley

Y Moody Moore Morton Moultrie
Y Mueller Oliver.C Oliver.M
Y Orr Y Orrock Y Padgett Y Pannell
Parham
Y Parrish Y Patten Y Pettit Y Pinkston
YPoag

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
Sinkfield
Y Smith.L

Smith,? Smith.T
Y Smith.W Smyre
YSnow Stancil.F
Y Stancil.S Stanley Steele Stephens 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 Y White Y Wilder
Williams.B Williams.J Y Yates Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 125, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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

HR 14. By Representative Alien of the 127th: A resolution creating the House Movie Industry Study Committee.

The following amendment was read and adopted:

The Rules Committee moves to amend House Resolution 14 by striking the word "seven" on Line 24, Page 1 and inserting in lieu thereof the word "five".

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

Y Aaron Y Abernathy Y Adams
Aiken Alford Y Alien Athon Y Atkins Y Bailey
Y Baker Y Balkcom
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 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
Davis.M Y Dixon.H Y Dixon.S
Dobbs

Y Dover Y Dunn
Edwards Y Ehrhart
Y Felton Y Fennel Y Floyd Y Foster
Godbee
Y Goodwin 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 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
Lord Lucas Lupton Y Mangum
Y Martin Y McCoy
McDonald Y McKelvey
McKinney.B

Y McKinney.C Y Meadows
Milam
Y Mobley Y Moody
Moore Y Morton
Y Moultrie Y Mueller
Oliver.C Oliver.M YOrr Y Orrock Y Padgett Y Pannell Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom

WEDNESDAY, MARCH 1, 1989

1635

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

Sinkfield Smith.L Smith.P Smith.T Y Smith,W Smyre
Y Snow
Y Stancil.F Y Stancil.S

Stanley Y Steele Y Stephens
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

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 132, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

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.

The following Committee substitute was read and adopted:

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; to provide for similar notice of changes in county organs; to provide for maintenance by the Secretary of State of a list of official county organs; 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 9-13-142 of the Official Code of Georgia Annotated, relating to selection of journals and newspapers as official county organs, is amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) Not later than December 31, 1989, and during the month of December in each year thereafter the judge of the probate court of each county shall notify the Secretary of State, on a form supplied by the Secretary of State, of the name and mailing address of the journal or newspaper currently serving as the official organ of the county. The judge of the probate court shall also likewise notify the Secretary of State of any change in the official organ of the county at the time that such change is made. The Secretary of State shall maintain at all times a current listing of the names and addresses of all county organs and shall make such list available to any person upon request."
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:

1636

JOURNAL OF THE HOUSE,

Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien
Athon Y Atkins
Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett.B
Barnett.M YBeck
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
Coleman Y Colwell
Connell Y Couch
Cox Y Crawford
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
Godbee Y Goodwin
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 Y Hudson Y Irwin Y Isakson Y Jackson,J Y 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
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
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 Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson
Robinson Y Royal Y Selman Y Simpson

Sinkfield Y Smith.L
Smith.P Smith.T Y Smith.W YSmyre YSnow Y Stancil.F Y Stancil.S Stanley Y Steele Stephens Teper Y Thomas.C 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 Y White Wilder Y Williams,B Y WilliamsJ 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.

Representative Bailey of the 72nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

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.

WEDNESDAY, MARCH 1, 1989

1637

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 112, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

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.

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

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.

The following amendment was read and adopted:

Representative Floyd of the 154th moves to amend SB 105 as follows: On page 3 line 13 delete " 18" On page 3 line 15 delete " 27".

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 107, nays 3.

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

amended.

'

Representative Smith of the 152nd wished to be recorded as voting "nay" on the preceding Bill.

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.

1638

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

Representative Beck of the 148th moves to amend SB 142 by striking the words "an effective date" on line 17 of page 1 and inserting in lieu thereof the following:
"a conditional effective date".
By striking Section 13 and inserting in lieu thereof a new Section 13 to read as follows:
"Section 13. This Act shall become effective only if specifically funded and, if so funded, this Act shall become effective upon the later of: (1) its approval by the Governor or its becoming law without his approval; and (2) the enactment into law of legislation appropriating funds specifically designated in the Act appropriating the same as being for the purpose of funding the additional judgeship provided for in 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 ayes were 111, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 113, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

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.

The following Committee substitute was read and withdrawn:

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; to define the term "bad check"; to provide for the priority and perfection of such a lien; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 1, 1989

1639

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 10 of Article S of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to miscellaneous liens, is amended by striking in its entirety Code Section 44-14-516, relating to a lien on merchandise when a stop payment is issued on a check used to purchase merchandise or services, and inserting in lieu thereof a new Code Section 44-14-516 to read as follows:
"44-14-516. (a) For the purposes of this Code section, the term 'bad check' means a check drawn for payment of money on any bank or other depository in exchange for merchandise when:
(1) The drawer had no account with the drawee at the time the check was drawn; (2) Payment was refused by the drawee for lack of funds in the account of the drawer upon presentation within 30 days after delivery and the drawer or someone for him shall not have paid the payee the amount due thereon within ten days after receiving written notice mailed by certified or registered mail that payment was refused upon such instrument; or (3) Notice mailed by certified or registered mail as provided in paragraph (2) of this subsection is returned undelivered to the sender when such notice was mailed within a reasonable time of dishonor to the address printed on the check or given by the drawer at the time of issuance of the check. (b) The payee of any bad check written in full or partial payment for merchandise, delivered at the time of the acceptance of the check, shall have a lien for the face amount of the check on the merchandise so delivered. Such liens shall occupy the same position as mechanics' liens and shall be perfected in the same manner as mechanics' liens. (c) The payee of any check written in full or partial payment for merchandise e* for services rendered en merchandise, delivered at the time of the acceptance of the check and on which the payer subsequently issues a stop payment order, shall have a lien for the face amount of the check on the merchandise so delivered if the stop payment order was issued within five days after the delivery of the merchandise. Such liens shall occupy the same position as mechanics' liens and shall be perfected in the same manner as mechanics' liens."
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, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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.

The following amendment was read and adopted:

The Committee on Judiciary moves to amend SB 180 by striking from line 3 of page 1 the following:
"provisons",
and inserting in lieu thereof the following:

1640

JOURNAL OF THE HOUSE,

"provisions". By striking from line 11 of page 3 the following: "juvenile court", and inserting in lieu thereof the following: "superior court".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The following Resolution of the House was read and adopted:

HR 384. By Representatives Buck of the 95th, Steele of the 97th, Moultrie of the 93rd, Bishop of the 94th and Smyre of the 92nd:
A resolution commending Honorable Pete Robinson.

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

SB 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 report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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

HB 269. By Representatives Brown of the BBth, 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.

Representative Brown of the 88th moved that the House insist on its position in disagreeing to the Senate substitute to HB 269 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.

WEDNESDAY, MARCH 1, 1989

1641

The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Porter of the 119th, Randall of the 101st and Brown of the 88th.

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 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.

Representative Pannell of the 122nd moved that the House insist on its position in disagreeing to the Senate substitute to HB 225 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Pannell of the 122nd, Robinson of the 96th and Cummings of the 17th.

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

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.

The following Senate substitute was read:

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; to provide limitations on persons who charge fees for the location or recovery of unclaimed property which has been delivered

1642

JOURNAL OF THE HOUSE,

to the commissioner; to provide for penalties for the failure to report or deliver unclaimed property to the commissioner; 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 5 of Title 44 of the Official Code of Georgia Annotated, relating to the disposition of unclaimed property, is amended by striking in its entirety Code Section 44-12-209 and inserting in its place a new Code Section 44-12-209 to read as follows:
"44-12-209. (a) All abandoned property, other than money delivered to the state revenue commissioner under this article, shall, within ene year three years after the delivery, be sold by him to the highest bidder at public sale in whatever city in the state affords, in his judgment, the most favorable market for the property involved. The state revenue commissioner may decline the highest bid and reoffer the property for sale if he considers the price bid insufficient. He need not offer any property for sale if, in his opinion, the probable cost of the sale exceeds the value of the property.
(b) Any sale held under this Code section shall be preceded by a single publication of notice thereof at least three weeks in advance of the sale in an English language newspaper of general circulation in the county where the property is to be sold.
(c) At any sale conducted by the state revenue commissioner pursuant to this article, the purchaser shall receive title to the property purchased, free from all claims of the owner or prior holder thereof and of all persons claiming through or under them. The state revenue commissioner shall execute all documents necessary to complete the transfer of title.
(d) If the state revenue commissioner determines after investigation that any property delivered under this article has insubstantial commercial value of less than $100.00, he may destroy or otherwise dispose of the property at any time. No action or proceeding may be maintained against the state or any^ officer or against any holder for or on account of any action taken by the state revenue commissioner pursuant to this subsection."
Section 2. Said article is further amended by striking in its entirety Code Section 44-12-221 which reads as follows:
"44-12-221. Any person, firm, or corporation who willfully fails to render any report or to perform any other duties required under this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000.00 or by confinement in the county or other jail not to exceed six months or by both such fine and imprisonment at the discretion of the court.", and inserting in its place a new Code section to read as follows:
"44-12-221. (a) A person, firm, or corporation who willfully fails to render any report or perform other duties required under this article shall pay a civil penalty of $100.00 for each day the report is withheld or the duty is not performed, but not more than $5,000.00.
(b) A person, firm, or corporation who willfully fails to pay or deliver property to the state revenue commissioner as required under this article shall pay a civil penalty equal to 25 percent of the value of the property that should have been paid or delivered.
(c) A person, firm, or corporation who willfully refuses after written demand by the state revenue commissioner to pay or deliver as required by this article is guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000.00 or by imprisonment not to exceed six months or by both such fine and imprisonment."
Section 3. Said article is further amended by adding at the end thereof a new Code section to be known as Code Section 44-12-222 to read as follows:
"44-12-222. (a) All agreements to pay compensation to recover or assist in the recovery of property reported and delivered to the state revenue commissioner under this article shall be unenforceable for 24 months after the date of payment or the delivery of property to the state revenue commissioner.

WEDNESDAY, MARCH 1, 1989

1643

(b) The fees charged by any person, firm, or corporation to recover or assist in the recovery for and on behalf of a claimant of property reported and delivered to the state revenue commissioner under this article shall not exceed 10 percent of the value of the property recovered. All funds or property located by a person to be compensated by the payment of such a fee shall be paid or delivered directly to the owner and may not be paid or delivered to the person to receive the fee whether pursuant to a duly executed power of attorney or otherwise."
Section 4. This Act shall become effective on July 1, 1989.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Coleman of the 118th moved that the House agree to the Senate substitute to HB 487.
On the motion the ayes were 104, nays 0.
The motion prevailed.

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

HR 385. By Representatives Johnson of the 123rd, Mueller of the 126th, Sinkfield of the 37th, Adams of the 79th and Pannell of the 122nd:
A resolution commending Mr. William Russell "Rusty" Redfern and inviting him to appear before the House of Representatives.

The following Resolutions of the House were read and adopted:

HR 389. By Representatives Johnson of the 123rd, Mueller of the 126th, Alien of the 127th and Hamilton of the 124th:
A resolution commending Omar Temple No. 21, Prince Hall Shriners.

HR 390. By Representatives Johnson of the 123rd, Mueller of the 126th, Alien of the 127th, Hamilton of the 124th and Pannell of the 122nd:
A resolution commending the Alfred E. Beach High School Hall of Fame.

HR 391. By Representative Lane of the 27th: A resolution commending Mr. Richard (Scrap) Wheeler.

HR 392. By Representatives Kilgore of the 42nd and Watts of the 41st: A resolution commending Ms. Virginia Garrett.

HR 393. By Representatives Johnson of the 123rd, Mueller of the 126th, Alien of the 127th, Hamilton of the 124th and Pannell of the 122nd:
A resolution commending Mrs. Mary Scott.

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

HOUSE RULES CALENDAR WEDNESDAY, MARCH 1, 1989
Mr. Speaker and Members of the House:

1644

JOURNAL OF THE HOUSE,

Your House Committee on Rules met and submits the following supplemental to the calendar already adopted this March 1, 1989, by adding the following:
SB 30 Campaign Contributions: Insurance Commissioner: Prohibitions
Except as herein amended, the provisions of the calendar heretofore submitted shall remain in full force and effect.
Respectfully submitted, Lee of the 72nd Chairman

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

SB 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.
The following Committee substitute was read and adopted:

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; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 21-5-30 of the Official Code of Georgia Annotated, relating to contributions made to candidates or campaign committees, is amended by adding a new subsection, to be designated subsection (g), to read as follows:
"(g) A person acting on behalf of an insurer regulated by the Commissioner of Insurance shall not make, directly or indirectly, any contribution to a political campaign of a candidate for Commissioner of Insurance."
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:

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

Bishop Y Bostick Y Branch
Breedlove Y Brooks

WEDNESDAY, MARCH 1, 1989

1645

Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers
Clark,B N Clark.H
Clark.L Colbert
Y Coleman Y Colwell Y Connell Y Couch
Cox 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
YDunn

Y Edwards
Y Ehrhart N 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
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
Linder YLong
YLord Y Lucas N 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 YParham
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 Ricketaon
Robinson Y Royal Y Selraan Y Simpson Y Sinkfield Y Smith.L
Smith,P Y Smith.T Y Smith, W

Smyre YSnow Y Stancil,F N Stancil.S
Y Stanley Y Steele
Y Stephens Y Teper Y Thomas.C
Thomas.M Thompson Y Thurmond
Y Titus N Tolbert N Townsend
Twiggs N Vaughan
Waddle
Y Walker.C Walker,L 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 140, nays 8.
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 disagreed to the House substitute to the following Bill of the Senate:

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.

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

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.

Representative Groover of the 99th moved that the House insist on its position in substituting SB 297.

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JOURNAL OF THE HOUSE,

The motion prevailed.

Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 235 Do Pass SB 252 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 and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 49 Do Pass, by Substitute SB 233 Do Pass, by Substitute

SB 267 Do Pass, by Substitute SR 60 Do Pass, by Substitute

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

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

Mr. Speaker:

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

SB 181 Do Pass SB 183 Do Pass, as Amended SB 185 Do Pass, as Amended SB 238 Do Pass

SB 255 Do Pass SB 273 Do Pass SB 298 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:

WEDNESDAY, MARCH 1, 1989

1647

Your Committee on Public Safety has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 322 Do Pass SB 242 Do Pass
Respectfully submitted, /s/ Twiggs of the 4th
Chairman

Representative Dixon of the 151st District, Chairman of the Committee on Regulated Beverages, submitted the following report:

Mr. Speaker:
Your Committee on Regulated Beverages has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 277 Do Pass, by Substitute
Respectfully submitted, /s/ Dixon of the 151st
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 385 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman

Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

1648

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, March 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 George W. Thomas, Pastor, Hawthorne Baptist Church, Lilburn, 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 1036. By Representatives Orrock of the 30th and Brown of the 88th: A bill to amend Code Section 34-9-281 of the Official Code of Georgia Annotated, relating to prerequisites to compensation for occupational disease, so as to extend the time period for filing of claims resulting from occupational disease.
Referred to the Committee on Industrial Relations.
HB 1037. By Representative Brown of the 88th: A bill to amend Code Section 20-2-212 of the Official Code of Georgia Annotated, relating to salary schedules of certificated professional personnel, so as to authorize certificated professional personnel to leave a school when such school has been closed under certain circumstances.
Referred to the Committee on Education.

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1649

HB 1038. By Representatives Dixon of the 128th, Hamilton of the 124th and Alien of the 127th:
A bill to amend an Act creating a new charter for the City of Pooler, 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 1039. By Representative Mueller of the 126th:
A bill to amend an Act creating the Board of Commissioners of Bryan County, so as to change the provisions relating to the compensation of the chairman, vice-chairman, and other members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1040. By Representatives Childers of the 15th, Smith of the 152nd, Richardson of the 52nd, Moultrie of the 93rd, McDonald of the 12th 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 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.
Referred to the Committee on Insurance.

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 1041. By Representative Heard of the 43rd:
A bill to amend an Act abolishing the fee system of compensation for the judge of the Probate Court of Fayette County, so as to change the provisions relative to the compensation of the judge of the probate court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1042. By Representative Heard of the 43rd:
A bill to amend an Act abolishing the fee system of compensation for the clerk of the Superior Court of Fayette County, so as to change the provisions relative to the compensation of the clerk of the superior court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1043. By Representative Heard of the 43rd:
A bill to amend an Act creating the office of tax commissioner of Fayette 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 1044. By Representative Heard of the 43rd:
A bill to amend an Act abolishing the fee system of compensation for the sheriff of Fayette County, so as to change the provisions relative to the compensation of the sheriff.
Referred to the Committee on State Planning & Community Affairs - Local.

1650

JOURNAL OF THE HOUSE,

HB 1045. By Representatives Oliver of the 53rd, Richardson of the 52nd, Redding of the 50th, Williams of the 54th, Teper of the 46th and others:
A bill to amend an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, so as to provide that the annual salary of the Chief Executive Officer shall be the same as the state salary of the superior court judges of DeKalb County plus any county supplements.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1046. By Representatives Walker of the 85th, Padgett of the 86th, Cheeks of the 89th, Brown of the 88th and Connell of the 87th:
A bill to amend an Act regulating public instruction in Richmond County, so as to change the compensation of the members and officers of the Board of Education of Richmond County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1047. By Representative Colwell of the 4th:
A bill to amend an Act placing the tax commissioner of Lumpkin County upon an annual salary, so as to change the provisions relating to the compensation of the tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1048. By Representatives Colwell of the 4th and Twiggs of the 4th:
A bill to amend an Act creating the office of commissioner of Lumpkin County, so as to change the provisions relating to the compensation of the commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 396. By Representatives Ehrhart of the 20th, Vaughan of the 20th, Clark of the 20th, Aiken of the 21st, Gresham of the 21st and others:
A resolution creating the Joint Method of Appointment of Members of the Hospital Authority of Cobb County 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 1027 HB 1028 HB 1029 HB 1030 HB 1031 HB 1032 HB 1033

HB 1034 HB 1035 HR 383 HR 386 HR 387 HR 388 SB 384

Representative Holmes of the 28th District, Chairman of the Committee on Governmental Affairs, submitted the following report:

Mr. Speaker:

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1651

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

SB 42 Do Pass SB 265 Do Pass

SR 42 Do Pass SB 171 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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 294 Do Pass, by Substitute
Respectfully submitted, /s/ Childers of the 15th
Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 99 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 990 Do Pass HB 992 Do Pass HB 993 Do Pass HB 994 Do Pass HB 997 Do Pass HB 998 Do Pass HB 1000 Do Pass HB 1003 Do Pass HB 1004 Do Pass

HB 1005 Do Pass HB 1006 Do Pass HB 1007 Do Pass HB 1008 Do Pass HB 1009 Do Pass HB 1012 Do Pass HB 1014 Do Pass HB 1017 Do Pass HB 1018 Do Pass

1652

JOURNAL OF THE HOUSE,

HB 1019 Do Pass HB 1021 Do Pass HB 1022 Do Pass

HB 1024 Do Pass HB 1016 Do Pass SB 376 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, MARCH 2, 1989
Mr. Speaker and Members of the House:
The House Committee on Rules has fixed the calendar for this 35th Legislative Day as enumerated below:

SB 27 Emission Inspection Sticker: Obtain When Windshield Replaced SB 37 Public Officials: Recall Provisions SB 43 Athletic Contract: Termination of College Eligibility SB 45 Candidates: Certain Contributions: Separate Reporting SB 49 Motor Vehicle Insurance: Premium Reduction for Certain Persons SB 50 Insurers: Delivery of Stolen Vehicle Affidavits: Requirements SB 102 Polygraph Examiners: Rights of Examinees: Preservation of Records SB 159 County Officials: Salary SB 160 Superior Court Judges Ret.: Spouses Benefits: Amend Provisions SB 167 Atlantic Judicial Circuit: Add Judge SB 183 Superior Court Clerks: Duties SB 235 Mental Health: Traumatic Brain Injury: Definition SB 244 Municipalities: Certain Process: Powers: Jurisdiction SB 273 Traffic Violations: District Attorney Act as Prosecutor SB 275 Graves: Disposal of Body Unlawfully Removed: Prohibitions SB 298 Probate Courts: Filling Vacancies: Amend Provisions SB 317 Liens: Repair of Certain Equipment: Retain Possession
SR 5 Marietta: Convey Property SR 62 Gwinnett County: Grant Easement: Underground Transmission Line SR 63 Fulton County: Convey Property SR 67 Effingham County: Grant Easement SR 103 Joint Study Committee on Solid Waste Management: Create SR 120 Jonesboro: Convey Property to Clayton County SR 126 Atlanta: Convey Property SR 132 Burke County: Grant Easement
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 72nd
Chairman

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 1016.

By Representatives Chambless of the 133rd, Cummings of the 134th, White of the 132nd and Balkcom of the 140th:
A bill to provide a $2,000.00 homestead exemption from ad valorem taxes of the City of Albany for certain individuals; to provide an additional $2,000.00 homestead exemption from ad valorem taxes of the City of Albany for individuals 65 years of age or older.

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

Y Aaron 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
Barnett.M YBeck Y Benefield Y Benn
Birdsong
Bishop 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 Colbert Coleman
Y Colwell Connell
Y Couch Cox
Crawford Y Crosby Y Cummings.B Y Cummings.M
Y Davis.C Davis.G
Davis.M Y Dixon.H
Dixon.S Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Felton Y Fennel Floyd Y Foster
Y Godbee Y Goodwin
Green Y Greene
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 Ylrwin Y Isakson Y Jackson.J
Jackson.W Jamieson Y Jenkins Johnson Y Jones Y Kilgore Kingston Y Lane.D
Y Lane,R Langford
Y Lawrence Y Lawson
YLee Linder
Long 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
Morton Y Moultrie
Mueller Oliver.C 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
Y Ransom YRay
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 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 Y Walker.C
Walker.L 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 121, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

By unanimous consent, the roll call for HB 1016 was made applicable to all other Local Bills passed today.

Representative Dixon of the 128th 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 Bills of the House and Senate were taken up for consideration and read the third time:

HB 990. By Representatives Atkins of the 21st, Howren of the 20th, Aiken of the 21st, Vaughan of the 20th, Gresham of the 21st and others:
A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, so as to change the compensation of said judge.

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

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JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 121, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HE 992. By Representative Barnett of the 10th:
A bill to amend an Act relating to the Magistrate Court of Forsyth County, so as to provide for a separate office of the chief magistrate of the Magistrate Court of Forsyth 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 121, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 993. By Representative Branch of the 137th:
A bill to amend an Act entitled "an Act to amend an Act to incorporate the City of Fitzgerald, and establishing a new charter therefor," so as to change the provisions relating to the election and terms 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 121, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 994. By Representative Rainey of the 135th:
A bill to amend an Act providing a new charter for the City of Unadilla, so as to change the corporate limits of the city; to provide that no individual or corporation doing business in the newly annexed area shall be required to pay a business or occupation tax or obtain any license or permit during the calendar year 1989.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 997. By Representatives Stephens of the 68th, Thurmond of the 67th, Irwin of the 13th and Clark of the 13th:
A bill to amend an Act placing the clerk of the Superior Court of Clarke County, the clerk of the State Court of Clarke County, and the ordinary of Clarke County (now known as the Judge of the Probate Court) on a salary system of compensation, so as to change the salary of the chief clerk of the probate judge.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 0.

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1655

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

HB 998. By Representatives Clark of the 20th, Howren of the 20th, Gresham of the 21st, Vaughan of the 20th, Aiken of the 21st and others:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the corporate limits of the city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1000.

By Representatives Orr of the 9th, Jackson of the 9th and Lawson of the 9th:
A bill to amend an Act creating a Board of Commissioners of Hall County, so as to provide that the members of such board of commissioners elected at the 1992 general election and all subsequent elections shall be elected by a majority vote of electors of each respective 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 121, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1003.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, so as to change the amount of said supplement.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1004. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, so as to change the county supplement to the state salary of said judges.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE,

HB 1005.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act creating the State Court of Clayton County, so as to change the compensation of the deputy clerk of said court; to change the compensation of the judge and solicitor of said court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1006.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provisions relative to the compensation of the tax commissioner; to change the provisions relative to the compensation of the deputy tax commissioner.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1007.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the compensation of said officers; to change the compensation of the deputy clerk of the superior court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1008.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the compensation of the chairman and other members of the board; to extend the number of days within which the final report and audit shall be submitted to 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 121, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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1657

HB 1009.

By Representative Dixon of the 128th:
A bill to amend an Act creating a new charter for the City of Pooler, so as to correct a technical error in a description of a tract or parcel of land included within the corporate limits of the City of Pooler.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1012.

By Representatives Stancil of the 8th, Hasty of the 8th and Barnett of the 10th:
A bill to amend an Act providing for the membership of the Board of Education of Cherokee County, so as to provide for a per diem for the members of the board of education.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1014.

By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act creating a board of commissioners for Rockdale County, so as to change the method of filling vacancies.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1017.

By Representative Heard of the 43rd:
A bill to amend an Act repealing and replacing the charter of the Town of Tyrone, so as to provide that candidates for the offices of mayor and councilmember shall have been a resident of such town for two years and shall be at least 21 years of age at the time of the election for such office.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1018.

By Representative Ware of the 77th:
A bill to amend an Act creating the Franklin-Heard County Water Authority, so as to change the name of said authority.

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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 121, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1019. By Representatives White of the 132nd, Cummings of the 134th, Balkcom of the 140th and Chambless of the 133rd:
A bill to authorize the Board of Education of Dougherty County to exercise certain powers relative to transfer students and students who wish to attend schools in school districts other than the districts of their residences.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1021. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to authorize the board of commissioners of Clayton County to supplement the salaries of the state probation officers and other probation personnel of the Clayton Judicial Circuit.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1022. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said officer; to provide for an alternative salary 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 121, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1024. By Representatives Moody of the 153rd and Byrd of the 153rd:
A bill to amend an Act changing the composition of the City Council and the method of electing councilmen of the City of Baxley in Appling County, so as to change the terms of office and reelection dates of members of the council.

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

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1659

On the passage of the Bill, the ayes were 121, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 376. By Senator Kidd of the 25th:
A bill to abolish the present method of compensating the clerk of the Superior Court of Jasper County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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 385. By Senator Kidd of the 25th:
A bill to amend an Act providing a new charter for the City of Gordon in Wilkinson County so as to authorize the mayor or a member of the city council to serve simultaneously on the board of education of Wilkinson County.

SB 387. By Senators Phillips of the 9th and Peevy of the 48th:
A bill to amend an Act creating the board of commissioners of Gwinnett County, as amended, so as to require the board to prepare annually and make available for public dissemination an itemized account of all reimbursed expenses; to authorize the expenditure of county funds for certain purposes; to provide for conditions.

SB 388. By Senators Peevy of the 48th and Phillips of the 9th:
A bill to create the office of public defender of Gwinnett County; to provide for definitions; to provide for its powers, duties, and authority; to provide for qualifications, terms of office, and compensation; to provide for certain personnel; to provide for funding; to provide for requirements as to competence; to provide standards for determining indigency.

SB 390. By Senators Clay of the 37th, Ragan of the 32nd, Newbill of the 56th and others:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the compensation of the judges of the second division of the State Court of Cobb County; to provide for an effective date.

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JOURNAL OF THE HOUSE,

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.

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.

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.

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.

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.

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.

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.

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.

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.

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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.
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.
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.
HB 914. By Representatives Smith of the 152nd, Byrd of the 153rd and Moody of the 153rd:
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.
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".
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 Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House:
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.
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.

1662

JOURNAL OF THE HOUSE,

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.
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 Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:
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.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 385. By Senator Kidd of the 25th:
A bill to amend an Act providing a new charter for the City of Gordon in Wilkinson County so as to authorize the mayor or a member of the city council to serve simultaneously on the board of education of Wilkinson County.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 387. By Senators Phillips of the 9th and Peevy of the 48th:
A bill to amend an Act creating the board of commissioners of Gwinnett County, as amended, so as to require the board to prepare annually and make available for public dissemination an itemized account of all reimbursed expenses; to authorize the expenditure of county funds for certain purposes; to provide for conditions.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 388. By Senators Peevy of the 48th and Phillips of the 9th:
A bill to create the office of public defender of Gwinnett County; to provide for definitions; to provide for its powers, duties, and authority; to provide for qualifications, terms of office, and compensation; to provide for certain personnel; to provide for funding; to provide for requirements as to competence; to provide standards for determining indigency.
Referred to the Committee on State Planning & Community Affairs - Local.

THURSDAY, MARCH 2, 1989

1663

SB 390. By Senators Clay of the 37th, Ragan of the 32nd, Newbill of the 56th and others:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the compensation of the judges of the second division of the State Court of Cobb County; to provide for an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Industry and referred to the Committee on State Planning and Community Affairs:

HB 991. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A bill to provide a short title; to provide for definitions; to authorize the creation and funding of an enhanced emergency telephone number 911 system special district within the corporate boundaries of Lowndes County; to provide for the district's governing authority; to provide for the collection of service charges.

The following Resolution of the House was read and adopted:

HR 382. By Representatives Thompson of the 20th, Gresham of the 21st, Atkins of the 21st, Aiken of the 21st, Murphy of the 18th and others:
A resolution commending Honorable Joe Mack Wilson; encouraging the designation of the Wilson Political Science Program.

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

SB 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.

The report of the Committee, which was favorable to the passage of 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
Bailey Y Baker Y Balkcom Y Bannister Y Barfoot

Bargeron Y Barnett,B Y Barnett.M
Y Beck Y Benefield
Benn Y Birdsong
Bishop Y Bostick Y Branch
Breedlove Y Brooks
Brown

Buck Y Buford Y Byrd
Y Carrell Carter
Y Chambless Y Chance
Cheeks Y Childers
Clark.B Y Clark.H Y Clark.L Y Colbert

Coleman Y Colwell
Connell
Y Couch Cox
Crawford 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 Edwards
Y Ehrhart Felton
Y Fennel Floyd
Y Foster Y Godbee Y Goodwin Y Green

1664

JOURNAL OF THE HOUSE,

Y Greene Y Gresham
Y Griffin Groover
Y Hamilton Y Hanner
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
Lane.R Langford Y Lawrence Y Lawson YLee Linder
Long
YLord Lucas
Y Lupton Y Mangum
Y Martin Y McCoy
McDonald McKelvey McKinney.B Y McKinney.C
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 Y Pettit
Y Pinkston YPoag
Y Porter Y Poston Y Powell Y Rainey
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,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
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
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.

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 report of the Committee, which was favorable to the passage of 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
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
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
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 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 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
Long
YLord Lucas
Y Lupton
Y Mangum
Y Martin
Y McCoy Y McDonald
McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Milam
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 YSnow Y Stancil.F Y Stancil.S
Y Stanley Y Steele

THURSDAY, MARCH 2, 1989

1665

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 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.

The Speaker Pro Tern assumed the Chair.

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.

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

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

1666

JOURNAL OF THE HOUSE,

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

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.

The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

SB 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.

The President has appointed on the part of the Senate the following: Senators Allgood of the 22nd, Dawkins of the 45th and Foster of the 50th.

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

SB 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.

The following Committee substitute was read:

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 that persons who accept contributions for, make contributions to, or make expenditures on behalf of candidates for membership in the General Assembly shall not be required to file with local election superintendents as required of candidates for membership in the General Assembly; to change the provisions relating to the filing of campaign contribution disclosure reports by campaign committees which accept contributions or make expenditures designed to bring about the recall of a public officer or to oppose the recall of a public officer; to 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 21 of the Official Code of Georgia Annotated, relating to campaign contributions, is amended by striking in its entirety subsection

THURSDAY, MARCH 2, 1989

1667

(a) of Code Section 21-5-31, relating to contributions or expenditures other than through a candidate or campaign committee, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any person who accepts contributions for, makes contributions to, or makes expenditures on behalf of candidates is subject to the same disclosure requirements of this chapter as a candidate, except that contributions from individuals made directly to a candidate or his campaign committee do not require separate reporting, except that contributions from persons as defined in paragraph (14) of Code Section 21-5-3 which do not exceed $500.00 in the aggregate or which are made to only one candidate, regardless of the amount, do not require separate reporting, and except that copies of campaign contribution disclosure reports do not have to be filed with local election superintendents as required of candidates for membership in the General Assembly pursuant to paragraph (1) of subsection (a) of Code Section 21-5-34."
Section 2. Said article is further amended by striking in its entirety paragraph (3) of subsection (f) of Code Section 21-5-34, relating to disclosure reports, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) A third report shall be filed within W 20 days after the expiration date for acquiring signatures en the election superintendent certifies the legal sufficiency of a recall petition;".
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Lawson of the 9th moves to amend the Committee substitute to SB 45 as follows:
By striking "Section 2." in its entirety and renumbering accordingly.

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
Bargeron Y Barnett.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 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 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 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
Lane.R 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 Y 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 Y Orr Y Orrock Y Padgett
Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter

1668

JOURNAL OF THE HOUSE,

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

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.

The report of the Committee, which was favorable to the passage of 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 Y Barnett.B Y Barnett,M YBeck Y Benefield
Benn Y Birdsong
Bishop Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown YBuck Y Buford Y Byrd Y Carrell
Y Carter Y Chambless Y Chance
Cheeks Y Childers
Y Clark.B

Y Clark.H Clark.L
Y Colbert Y Coleman Y Colwell
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 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
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 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
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
Robinson Y Royal Y Selman Y Simpson

Y Sinkfield Y Smith.L
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
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 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.

THURSDAY, MARCH 2, 1989

1669

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.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 36 of Title 43 of the Official Code of Georgia Annotated, relating to polygraph examiners, so as to change certain provisions relating to qualifications for a license as a polygraph examiner; to change certain provisions relating to polygraph examiner interns; 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 36 of Title 43 of the Official Code of Georgia Annotated, relating to polygraph examiners, is amended by striking subsection (a) of Code Section 43-36-6, relating to qualifications of applicants for certain licenses, and inserting in its place a new subsection (a) to read as follows:
"(a) In order to qualify for a license as a polygraph examiner, a person must: (1) Be at least 21 years of age; (2) Be a citizen of the United States; (3) Be a person of good moral character; (4) (A) Have a bachelor's degree from a full four-year regionally accredited university or college which shall include at least one course in physical science and one course in psychology; er (B) (i) Have completed two years of study, or its equivalent, at such a university or college which shall include at least one course in physical science and one course in psychology; and (ii) Have at least two years' experience as an investigator or detective with a municipal, county, state, or federal agency; or (C) (i) Have a high school diploma or a general educational development (GED) equivalency diploma; and (ii) Have at least five years' experience as an investigator or detective with a municipal, county, state, or federal agency.
Official transcripts must be submitted as proof for all college courses, technical courses, and other educational credits claimed by the applicant;
(5) Have satisfactorily completed a formal training course in the use of a polygraph. Such training shall be of at least six weeks' duration at a polygraph examiners' school acceptable to the board;
(6) Have completed a period of a minimum of six months as a polygraph examiner intern under the supervision of a qualified polygraph examiner in this state or a polygraph examiner who has had sufficient training and experience in a state, federal, or municipal agency such that the board, in its discretion, may recognize the applicant as being properly trained and experienced; and
(7) Have passed any examination approved by the board for the purpose of determining the qualifications and fitness of applicants for licenses."
Section 2. Said chapter is further amended by striking subsections (a) and (d) of Code Section 43-36-7, relating to polygraph examiner interns, and inserting in their places new subsections (a) and (d), respectively, to read as follows:

1670

JOURNAL OF THE HOUSE,

"(a) Prior to examination, a polygraph examiner intern must administer a minimum number of -WO examinations consisting ef ne less than 0 specific examinations as determined by the board in any given six-month internship period. The board, in its discretion, may require a polygraph examiner intern to bring all polygraph charts and allied papers resulting from the examinations conducted by the polygraph examiner intern for review by the board."
"(d) (1) The polygraph examiner who supervises a polygraph examiner intern must; (A) Be be a polygraph examiner licensed by the board for a period of at least
three years immediately prior to commencing such supervision; ad

(2) A polygraph examiner may not supervise more than two polygraph interns at any one time.
(3) The intern shall be personally supervised and controlled by the licensed polygraph examiner approved by the board and such examiner shall be on the premises where any testing is conducted and available to such intern for instruction or consultation."
Section 3. Said chapter is further amended by deleting the "; and" at the end of subparagraph (a)(3)(F) of Code Section 43-36-15, relating to rights of examinees, and inserting in its place a period and by adding a new subparagraph immediately following subparagraph (a)(3)(F), to be designated subparagraph (a)(3)(G), to read as follows:
"(G) An examiner may not conduct the examination if there is sufficient written evidence by a physician that the examinee is suffering from a medical or psychological condition or undergoing treatment that might cause abnormal responses during the actual testing phase; and"
Section 4. Said chapter is further amended by striking Code Section 43-36-16, relating to preservation of examination records, and inserting in its place a new Code Section 43-36-16 to read as follows:
"43-36-16. A polygraph examiner shall preserve and keep on file for a minimum of twe three years after administering a polygraph examination all opinions, reports, charts, question lists, and all other records relating to the polygraph examination."
Section 5. Said chapter is further amended by adding a new Code section immediately following Code Section 43-36-16, to be designated Code Section 43-36-16.1, to read as follows:
"43-36-16.1. The provisions of this chapter shall apply to all polygraph examinations conducted in this state which are not otherwise regulated under the federal Employee Polygraph Protection Act of 1988 (P.L. 100-347, 29 U.S.C. 2001, et seq.)."
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
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
Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck

Y Buford Y Byrd Y Carrell
Carter Y Chambles 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

THURSDAY, MARCH 2, 1989

1671

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 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,.! 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
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 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,? 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
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
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.

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.

The following Committee substitute was read and adopted:

A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Fulton County, Georgia; authorizing the conveyance of certain state owned real property located in Floyd County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS: (1) The State of Georgia is the owner of certain real property located in the City of Atlanta, Fulton County, Georgia; (2) Said real property is described as follows: All that certain tract or parcel of land situate, lying and being in the City of Atlanta, Georgia; and in Land Lot 243 of the 17th District of Fulton County, Georgia, and being more particularly described as a portion of parcel no. 8 of the Western and Atlantic Railroad Valuation Maps Nos. V222/1 and V302/1 as filed in the State of Georgia Archives Building, Fulton County, Georgia, and being more particularly described on a map on file in the State Properties Commission (said tract or property shall be more particularly described by a plat of survey obtained by the purchaser and presented to the State Properties Commission for approval); (3) The State of Georgia currently has the above-described property leased to CSX Transportation, Inc., (formerly known as the Louisville and Nashville Railroad Company and Seaboard System Railroad) until December 31, 2019; (4) The above-described property is an abandoned spur line to the old Western & Atlantic Railroad and is not needed for railroad purposes and is, therefore, surplus to the State of Georgia; and

1672

JOURNAL OF THE HOUSE,

(5) Adjacent and adjoining property owners to the above-described parcel desire to acquire this state owned parcel; and
WHEREAS: (1) The State of Georgia is the owner of a parcel of real property known as the Fannin Campus located in Floyd County, Georgia, formerly known as the Georgia School for the Deaf in the City of Cave Spring, Georgia; and (2) The City of Cave Spring is desirous of obtaining all or a portion of the abovedescribed property for city private development usage.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE 1
Section 1. (a) That the State of Georgia is the owner of the above-described real property and that, in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.
(b) That the conveyance of the above-described real property shall be conditioned upon the lessee of the Western and Atlantic Railroad, CSX Transportation, Inc., (formerly known as the Louisville and Nashville Railroad Company, and Seaboard System Railroad) conveying its interest in said property to the State of Georgia by appropriate instrument.
(c) That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to sell and convey all or a portion of the abovedescribed property for a consideration of not less than the fair market value as determined by the State Properties Commission, to a purchaser or purchasers, and upon such further terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
(d) That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the O.C.G.A. requiring that a conveyance of real property be filed with the State Properties Commission and accompanied by a plat of the property conveyed, the plat or drawing of the property, the conveyance of which is authorized by this resolution, presented to and approved by the State Properties Commission, shall constitute an acceptable plat for filing.
ARTICLE 2
Section 2. (a) That the State of Georgia is the owner of the above-described property located in Floyd County, Georgia, and, in all matters relating to the conveyance of the property located in Floyd County, the State of Georgia is acting by and through the State Properties Commission.
(b) That, upon selection of a site by the City of Cave Spring, Georgia, which may include all or a portion of the above-referenced property in Floyd County, and which site is approved by the Department of Education and the State Properties Commission and declared surplus by the Department of Education, said property comprising said site shall be conveyed to the City of Cave Spring.
(c) That the above-described real property selected as provided in subsection (b) of this section shall be conveyed by appropriate instrument to the City of Cave Spring, Georgia, by the State of Georgia, acting by and through the State Properties Commission, for a consideration of not less than the fair market value of such property as determined by the State Properties Commission and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interest of the State of Georgia.
(d) That the authorization in this section to convey the above-described property to the City of Cave Spring shall expire two years after the date that this resolution becomes effective.
(e) That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
(f) That a plat of survey shall be provided by the City of Cave Spring, Georgia, suitable for recording in Floyd County, and presented to the Executive Director of the State

THURSDAY, MARCH 2, 1989

1673

Properties Commission for his approval prior to the conveyance of such property as authorized by this section.
ARTICLE 3
Section 3. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval and in accordance with the provisions hereof.
Section 4. That all laws and parts of laws in conflict with this resolution are repealed.
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
Alien Athon
Y Atkins Y Bailey Y Baker Y Balkcora Y Bannister Y Barfoot
Bargeron 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 Cheeks
Y Childers Y Clark.B

Y Clark.H Clark,L
Y Colbert Coleman
Y Colwell Connell
Y Couch Cox
Y Crawford Y Crosby Y Cummings.B 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
Groover 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
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 Milaro 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 Siropson

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 Y 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
Yeargin Murphy,Spkr

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

The Speaker assumed the Chair.

The following Resolution was read and adopted:

HR 394. By Representatives Robinson of the 96th, Murphy of the 18th, Lee of the 72nd and McKelvey of the 15th:
A resolution recognizing William F. Parley and inviting him to address the House of Representatives.

1674

JOURNAL OF THE HOUSE,

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

HR 385. By Representatives Johnson of the 123rd, Mueller of the 126th, Sinkfield of the 37th, Adams of the 79th and Pannell of the 122nd:
A resolution commending Mr. William Russell "Rusty" Redfern and inviting him to appear before the House of Representatives.

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

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

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 President has appointed on the part of the Senate the following: Senators Kidd of the 25th, Walker of the 43rd and Olmstead of the 26th.

The following Resolution of the House was read:

HR 395. By Representative Murphy of the 18th
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Thursday, March 2, 1989, and shall reconvene at 10:00 A.M. on Monday, March 6, 1989.
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 Y 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 Y Buck Y Buford Y Byrd 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 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 Y Greene Y Gresham Y Griffin
Groover Hamilton Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren

THURSDAY, MARCH 2, 1989

1675

Y Hudson Y Irwin Y Isakson Y JacksonJ Y Jackson.W Y Jamieson Y Jenkins Y Johnson
Jones Y Kilgore 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
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
Oliver.C
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
Ray Y Reaves Y Redding
Y Richardson
Ricketson

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 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 adoption of the Resolution, the ayes were 153, nays 0. The Resolution was adopted.

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

Mr. Speaker:
The Senate has disagreed to the House amendments to the following Bill of the Senate:

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.

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

SB 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.

The following substitute, offered by Representative Groover of the 99th, was read and adopted:

A BILL
To amend Code Section 47-2-260 of the Official Code of Georgia Annotated, relating to the right of members of the Employees' Retirement System of Georgia to remain members of that retirement system if they become superior court judges or district attorneys,

1676

JOURNAL OF THE HOUSE,

so as to reenact and clarify certain provisions of said Code section; 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 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 change the provisions relating to spouses benefit 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; to change the provisions relating to exemption of rights and benefits from levy and sale, garnishment, or other process; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-2-260 of the Official Code of Georgia Annotated, relating to the right of members of the Employees' Retirement System of Georgia to remain members of that retirement system if they become superior court judges or district attorneys, 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) The provisions of this or any other law to the contrary notwithstanding, on and after April 1, 1969, any person appointed or elected as a judge of the superior court or as a district attorney who at the time of his such appointment or election is a member of the Employees' Retirement System of Georgia shall be entitled to elect to continue his membership in as a member of the retirement system while holding office as a judge of the superior court or district attorney. All rights, credits, and funds in the retirement system which are possessed by any such member at the time of his the member's appointment or election shall be continued in force and he the member shall be entitled to all rights and benefits under the retirement system to which h the member was entitled at the time of his the member's appointment or election and to all rights subsequently acquired.
(b) Within 30 days after appointment or election as a judge of the superior court or as a district attorney, any such person who elects to continue his membership in as a member of the retirement system shall notify the director of the Employees' Retirement System of Georgia and the director of the Fiscal Division of the Department of Administrative Services of that decision. Upon making such election and giving the required notice, seh person 9haH net be required te make contributions te any retirement funds relating te senior judges er te eafty retirement funds relating te district attorney emeritus;
is subject to the provisions of this Code section shall not be required to become a member of or make contributions to the Trial Judges attd Solicitors Retirement Fund set forth in Chapter K5 ef this title Superior Court Judges Retirement System provided for in Chapter 9 of this title or to the District Attorneys' Retirement System provided for in Chapter 13 of this title."
Section 2. Chapter 9 of Title 47 of the Official Code of Georgia Annotated, known as the "Act Creating the Superior Court Judges Retirement System," is amended by adding at the end of Code Section 47-9-70, relating to retirement and eligibility for benefits under the Superior Court Judges Retirement System, a new subsection (e) to read as follows:
"(e) Any member of the retirement system who was reelected to a new term of office at the 1988 general election shall, regardless of age, continue to make employee contributions to the retirement system as long as the member continues to hold office as a superior court judge."
Section 3. Said chapter is further amended by adding at the end of Code Section 47-9-73, relating to spouses benefits coverage, a new subsection (m) to read as follows:
"(m) Notwithstanding any other provisions of this chapter to the contrary, the member and his spouse may contract upon cessation of marriage that the member's benefits or the current spouses benefits coverage be assigned between the parties or any

THURSDAY, MARCH 2, 1989

1677

third party as provided for in a qualified domestic relations order. For purposes of this subsection, a 'qualified domestic relations order' means a domestic relations order which creates or recognizes the existence of an alternative payee's right to or assigns to an alternative payee the right to receive all or a portion of the benefits payable with respect to a member and his spouse under the retirement system. The alternative payee may be a spouse, former spouse, child, or dependent. The order must be a judgment, decree, or order which relates to the provision of child support, alimony payments, or marital property rights to a spouse, former spouse, child, or other dependent of the participant and made pursuant to a state domestic relations law. A domestic relations order must specify the manner for determining the amount or percentage of the member's benefits to be paid to each alternate payee and the number of payments or the period in which the payments are to be made. The order cannot require increased or different benefits nor provide for payment of benefits prior to the time for benefits to be paid under the terms of this chapter."
Section 4. Said chapter is further amended by striking in its entirety Code Section 47-9-91, relating to exemption of rights and benefits from levy and sale, garnishment, or other process, and inserting in lieu thereof a new Code Section 47-9-91 to read as follows:
"47-9-91. (a) Except as otherwise provided in subsection (b) of this Code section, the T-he right to a retirement benefit, the return of contributions, any optional benefit, or any other right accrued or accruing to any person under this chapter and the moneys in the fund created by this chapter are exempt from any state, county, or municipal tax; exempt from levy and sale, garnishment, attachment, or any other process whatsoever; and shall not be assignable, except as otherwise specifically provided in this chapter.
(b) Retirement benefits or other benefits provided for under this chapter shall be subject to qualified domestic relations orders as provided in subsection (m) of Code Section 47-9-73."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

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 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 YBeck Y Benefield
YBenn Y Birdsong
Bishop Y Bostick Y Branch Y Breedlove
Brooks Brown YBuck

Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance
Y Cheeks 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 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
Godbee
Y Goodwin Y Green Y Greene
Y Gresham Y Griffin
Y Groover Y Hamilton
Manner 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 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
McKelvey
McKinney.B

Y McKinney.C Y Meadows
Milam
Y Mobley Y Moody Y Moore
Y Morton Y Moultrie Y Mueller
01iver,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

1678

JOURNAL OF THE HOUSE,

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

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
Teper Thomas.C Y 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
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 141, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

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
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 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 Coleman
Y Colwell Y 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 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 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 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
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
Selman Y Simpson

Y Sinkfield
Y Smith.L Smith,P Smith.T
Y Smith.W Y Smyre YSnow
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 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 adoption of the Resolution, the ayes were 156, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

THURSDAY, MARCH 2, 1989

1679

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.

The following amendment was read and adopted:

The Committee on Judiciary moves to amend SB 183 by adding preceding the words "to provide" on line 8 of page 1 the following:
"to change the provisions relating to fees of the clerks of the superior courts;".
By adding between lines 25 and 26 of page 12 the following:
"Section 5. Said article is further amended by striking subparagraph (b)(l)(A) of Code Section 15-6-77, relating to fees of the clerks of the superior courts, and inserting in lieu thereof a new subparagraph (A) to read as follows:
'(A) As used in this paragraph, the term "domestic civil cases" means divorce cases, alimony cases, child support cases, annulment cases, and separate maintenance cases, and any modification of decree in any such cases.'"
By redesignating Sections 5 through 7 as Sections 6 through 8, respectively.
The following amendment was read:

Representatives Walker of the 85th and Walker of the 115th move to amend SB 183 as follows:
By adding a new number 13 on line 9, page 9 to read as follows:
"(13) To invest any and all funds paid into the registry of the court by any party to a case for the benefit of that party where the amount so deposited exceeds $5,000.00 and where it is contemplated that the funds may be held for 60 days or longer. Such funds shall be invested not later than the close of business on the tenth business day following the day the funds were paid into court."
and by renumbering (13) as (14) on line 9 page 9 and by adding after the word "generally" on line 4 page 1 the following:
"to provide for the deposit of funds paid into court;".

On the adoption of the amendment, 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 N Bailey Y Baker Y Balkcom N Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett.M

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

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

Y Davis.C Y Davis.G Y Davis.M
Y Dixon.H
N Dixon.S Y Dobbs N Dover
N Dunn Y Edwards Y Ehrhart Y Felton Y Fennel N Floyd N Foster Y Godbee Y Goodwin

Green N Greene Y Gresham
N Griffin
Y Groover Y Hamilton
Manner
Harris N Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren

1680

JOURNAL OF THE HOUSE,

Y Hudson N Irwin Y Isakson Y Jackson,J Y Jackson.W Y Jamieson N Jenkins Y Johnson Y Jones
Y Kilgore N Kingston
Lane.D Y Lane.R
Langford N Lawrence
N Lawson NLee Y Linder YLong YLord

Y Lucas Y Lupton Y Mangum N Martin Y McCoy
McDonald Y McKelvey
McKinney.B Y McKinney.C
Meadows Y Milam Y Mobley N Moody Y Moore Y Morton
Y Moultrie Mueller Oliver.C
Y Oliver.M YOrr

Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish N Patten Y Pettit
Pinkston NPoag
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
Smyre Y Snow N Stancil.F N Stancil.S Y Stanley Y Steele Y Stephens Y Teper
N 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
YWall N 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 126, nays 32. The amendment was adopted.

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 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 YBeck N Benefield
Benn Y Birdsong
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 N Clark.B

Y Clark.H N 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
N Dover N 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 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 Y Jackson.W Y Jamieson N 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 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
Smyre Y Snow Y StanciLF
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 Y Walker.C Y Walker.L YWall N 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 8.
The Bill, having received the requisite constitutional majority, was passed, as amended.

THURSDAY, MARCH 2, 1989

1681

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.

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

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 based on longevity in office with respect to tax collectors and tax commissioners; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking in its entirety subsection (a) of Code Section 15-6-90, relating to longevity increases with respect to salaries of clerks of the superior courts, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The amounts provided in Code Sections subsection (a) of Code Section 15-6-88 and Code Sections 15-6-89 and 15-10-105 shall be increased by 5 percent per each fouryear term of office served by any clerk after December 31, 1976, figured at the end of each such period of service. T-h increase shall net have retroactive effect except for the current term ef the clerks m office en July 1^ 1978."
Section 2. Said title is further amended by striking in its entirety Code Section 15-9-65, relating to longevity increases with respect to salaries of judges of the probate courts, and inserting in lieu thereof a new Code Section 15-9-65 to read as follows:
"15-9-65. The amounts provided in Code Sections paragraph (2) of subsection (a) of Code Section 15-9-63 and Code Section 15-9-64 shall be increased by 5 percent for each four-year term of office served by any judge of a probate court after December 31, 1976, figured at the end of each such period of service. This Code section shall not be construed to affect any local legislation except where the local legislation provides for a salary lower than the salary provided in Code Sections 15-9-63 through 15-9-67, in which event Code Sections 15-9-63 through 15-9-67 shall prevail. Such increase shall net have retroactive citcct, except triot tnc term et judges of pro Date courts m oiticc on duly ~t^ 1978, shall be counted for determining the appropriate salary under this Code section."
Section 3. Said title is further amended by striking in its entirety subsection (b) of Code Section 15-16-20, relating to the minimum annual salaries of sheriffs, which reads as follows:
"(b) (1) The amounts provided in subsection (a) of this Code section shall be increased by 5 percent for each four-year term of office served by any sheriff after December 31, 1976, and prior to July 1, 1982, effective July 1, 1982.
(2) The amounts provided in subsection (a) of this Code section, including any increases provided by paragraph (1) of this subsection, where applicable, shall be increased by 5 percent for each four-year term of office served by any sheriff, figured at the end of each such period of service. The increase shall not have retroactive effect, except that the term of sheriffs in office on July 1, 1982, shall be counted for determining the appropriate salary under this Code section.",

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JOURNAL OF THE HOUSE,

and inserting in lieu thereof a new subsection (b) to read as follows: "(b) The amounts provided in paragraph (1) of subsection (a) of this Code section
and Code Section 15-16-20.1 shall be increased by 5 percent for each four-year term of office served by any sheriff after December 31, 1976, figured at the end of each such period of service."
Section 4. Code Section 48-5-183, relating to salaries of tax collectors and tax commissioners, is amended by striking subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) The amounts provided in paragraph (1) of subsection (b) of this Code section^ subsection (g) of Code Section 48-5-137, and, where applicable, Code Section 21-2-212 and in this subsection shall be increased by 5 percent for each four-year term of office served by any tax collector or tax commissioner after December 31, 1976, figured at the end of each such period of service. This Code section shall not be construed to affect any local legislation except where the local legislation provides for a salary lower than the salary provided in this Code section, in which event this Code section shall prevail. Such increase shall net have retroactive effect, except that tire term ef- tax collectors and tax commissioners in office en Jttly -, 1979, shall fee counted fer determining the appropriate salary under this Code section. This Code section shall not be construed to reduce the salary of any tax collector or tax commissioner in office on July 1, 1979. The minimum salaries provided for in this Code section shall be considered as salary only. Expenses for deputies, equipment, supplies, copying equipment, and other necessary and reasonable expenses for the operation of a tax collector's or tax commissioner's office shall come from funds other than the funds specified as salary in this Code section."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the 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 YBeck
Y Benefield Benn
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 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 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
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
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 Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs

THURSDAY, MARCH 2, 1989

1683

Y Vaughan Y 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, by substitute, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

The following Committee substitute was read:

A BILL
To amend Chapter 4A of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Athlete Agents Regulatory Act of 1988," so as to change the provisions relating to definitions; to change the provisions relating to registration requirements; to change the provisions relating to applications for registration; to change the provisions relating to grounds for refusal of registration; to provide for revocation of a registration or the discipline of a registrant for certain actions; to provide that the refusal of a registration shall not be considered a contested case within the meaning of the "Georgia Administrative Procedure Act"; to authorize certain actions to be taken by the Georgia Athlete Agent Regulatory Commission against persons who are unqualified for registration or who are subject to disciplinary measures as a result of certain actions; to change the provisions relating to temporary registration; to delete certain provisions relating to requirements for applications for registration or renewal; to prohibit athlete agents from engaging in the occupation of an athlete agent without a license; to provide a penalty; to provide that certain contracts are void; to change the provisions relating to fees for issuance of application and renewal; to provide for a temporary registration fee and for other matters relating to fees; to change the provisions relating to surety bond requirements; to change the provisions relating to the signing of a contract prior to termination of an athlete's eligibility; to require an athlete agent to provide notification upon signing an athlete to an agent contract prior to the termination of the athlete's eligibility to participate in intercollegiate sports contests at an institution of higher education; to provide for notification of athletic directors at certain institutions under certain conditions; to provide that an athlete agent is subject to forfeiture of any right of repayment of anything of value received by an athlete under certain conditions; 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. Chapter 4A of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Athlete Agents Regulatory Act of 1988," is amended by striking in its entirety Code Section 43-4A-2, relating to definitions, and inserting in lieu thereof a new Code Section 43-4A-2 to read as follows:
"43-4A-2. As used in this chapter, the term: (1) 'Agent contract' means any contract or agreement pursuant to which an athlete
authorizes or empowers an athlete agent to negotiate or solicit on behalf of the athlete with one or more professional sports teams for the employment of the athlete by one or more professional sports teams or to negotiate or solicit on behalf of the athlete for the employment of the athlete as a professional athlete.

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JOURNAL OF THE HOUSE,

(2) 'Athlete' means an individual who resides k this state and who: (A) Is eligible to participate in intercollegiate sports contests as a member of a
sports team of an institution of higher education located m this state which is a member ef a national association for the promotion and regulation ef intercollegiate

(B) Has participated as a member of such a sports team at an institution of

higher education and who has never signed a professional sports services contract

with a professional sports team. For purposes of this subparagraph, execution by an

athlete of a personal service contract with the owner or prospective owner of a pro-

fessional sports team for the purpose of future athletic services is equivalent to

employment with a professional sports team.

(3) 'Athlete agent' means a person who, directly or indirectly, recruits or solicits

an athlete to enter into an agent contract or professional sports services contract with

that person or who for a fee procures, offers, promises, or attempts to obtain employ-

ment for an athlete with a professional sports team. The term 'athlete agent' does not

include the owner, employee, or other representative of a professional sports team1

provided that se long as such owner, employee, or representative; while an athlete is

under scholarship er participates in a sport at a university, does not recruit or solicit

such athlete to enter into an agent contract or professional sports services contract or

for a fee does not procure, offer, promise, or attempt to obtain employment for such

athlete with a professional sports team.

(4) 'Athletic department' means the entity exercising control over the intercolle-

giate sports program at an institution of higher education, including, but not limited

to, an athletic association, an athletic department, or an athletic foundation.

(5) 'Athletic director' means the representative of the intercollegiate sports pro-

gram at an institution of higher education as identified on the annual report filed with

the commission.

{4} (6) 'Commission' means the Georgia Athlete Agent Regulatory Commission

created in Code Section 43-4A-3.

(7) 'Institution of higher education' means a public or private postsecondary school

located in this state.

46) (8) 'Person' means any individual, company, corporation, association, partner-

ship, or other legal entity.

>

{ ) -Player associations er organizations' means ay association er organization

which represents professional athletes m collective bargaining with the management er

ownership ef professional sports teams er organizations.

{7} (9) 'Professional sports services contract' means any contract or agreement

pursuant to which an athlete is employed or agrees to render services as a player on

a professional sports team or as a professional athlete.

\o) rvCsiQcnt means a person wno ts a legal rcoiQcnt of tnis state and snail also

Section 2. Said chapter is further amended by striking in its entirety Code Section 43-4A-4, relating to the registration requirement, and inserting in lieu thereof a new Code Section 43-4A-4 to read as follows:
"43-4A-4. (a) No person shall engage in or carry on the occupation of an athlete agent cither within the state er with a resident ef th state an athlete without first registering with the commission.
(b) Each institution of higher education shall file an annual report with the commission, on a form provided by the commission, identifying the athletic director for said institution."
Section 3. Said chapter is further amended by striking in its entirety Code Section 43-4A-5, relating to application for registration, and inserting in lieu thereof a new Code Section 43-4A-5 to read as follows:
"43-4A-5. (a) A written application for registration or registration renewal shall be made to the commission on the form prescribed by the commission and shall, at a minimum, state the following:

THURSDAY, MARCH 2, 1989

1685

(1) The name of the applicant and address of the applicant's residence; (2) The address where the business of the athlete agent is to be conducted; (3) The business or occupation engaged in by the applicant for at least two years immediately preceding the date of application; and (4) Such biographical information on the applicant as may be deemed necessary by the commission; and ; (5) The names and addresses of all persons, except bona fide employees on stated salaries, who are financially interested, either as partners, associates, or profit sharers, in the operation of the business of the athlete agent. (b) The application for registration shall be accompanied by affidavits or certificates of completion of any and all formal training or practical experience in any one of the following specific areas: contracts, contract negotiation, complaint resolution, arbitration, or civil resolution of contract disputes. The commission, in evaluating the applicant's qualifications, may consider any other relevant training, education, or experience to satisfy this requirement."
Section 4. Said chapter is further amended by striking in its entirety Code Section 43-4A-7, relating to grounds for refusal of registration, and inserting in lieu thereof a new Code Section 43-4A-7 to read as follows:
"43-4A-7. (a) The commission, by a majority of its members present and voting, may refuse to grant a registration to an applicant therefor or may revoke a registration of a person registered by the commission or may discipline a person registered by the commission upon proof making a finding that the applicant or registrant or his or her representative or employee:
(1) Has made a material false, or misleading, deceptive, untrue, or fraudulent representation as an athlete agent or in any document connected therewith or practiced fraud or deceit or made a false statement statements of a material nature in his or her application for registration or made a false or deceptive statement of a material nature on an application for biennial registration renewal with the commission;
(2) Has ever misappropriated funds or engaged in other specific acts such as embezzlement, theft, or fraud which would render him or her unfit to serve in a fiduciary capacity;
(3) Has engaged in such other conduct that has a significant adverse impact on his or her creditability, honesty, integrity, or competence to serve in a fiduciary capacity;
(4) Has engaged in conduct which violates er cauacs an athlete te violate results in a violation of any rule or regulation promulgated by the National Collegiate Ath-
an intercollegiate sports governing body; (5) Has been convicted of a crime covered by Article 2 of Chapter 12 of Title 16
or has been convicted of a gambling offense in another state; (6) Has been convicted of an offcnsc relating te the profession ef aft athlete agent
in another state; er violating a statute, law, or any rule or regulation of this state, any other state, the commission, the United States, or any other lawful licensing authority, without regard to whether the violation is criminally punishable, which law, rule, or regulation relates to or in part regulates athlete agents, or violating a lawful order of the commission previously entered by the commission in a disciplinary hearing;
(7) Is unwilling to swear or affirm that he or she will comply with such rules and standards of conduct for athlete agents as may from time to time be promulgated by the commission; or v
(8) Has engaged in conduct which results in an athlete's losing eligibility to participate in intercollegiate sports contests as a member of a sports team of an institution of higher education. (b) The refusal to grant a registration shall not be considered to be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Notice and hearing within the meaning of such chapter shall not be required. Notice of refusal to grant a registration is required to be sent by registered mail or personal service setting forth the particular reasons for the refusal. The written notice shall be sent to the applicant's test known address of record with the commission and the

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JOURNAL OF THE HOUSE,

applicant shall be allowed to appear before the commission if the aj in writing."
Section 5. Said chapter is further amended by striking in its entirety Code Section 43-4A-8, relating to revocation or suspension of registration, and inserting in lieu thereof a new Code Section 43-4A-8 to read as follows:
"43-4A-8. The commission is authorized te revoke er suspend the registration ef- an Qtnlctc agent tor any violation ot tnosc provisions oct lortn ^n L^odc section lo 4/\" / ~of f-er a violation ef Code Section 43 4A-16. When the commission finds that a person is unqualified to be granted a registration or finds that a registrant should be disciplined pursuant to the laws of this state, the commission may take any one or more of the following actions:
(1) Refuse to grant or renew a registration; (2) Administer a public reprimand; (3) Suspend any registration for a definite period of time or for an indefinite period of time in connection with any condition which may be attached to the restoration of said registration; (4) Limit or restrict any registration as the commission deems necessary for the protection of the public; (5) Revoke any registration; (6) Impose a fine not to exceed $100,000.00 for each violation of a law, rule, or regulation; or (7) Impose any condition on a registration, including, but not limited to, requiring a surety bond in excess of $10,000.00, which the commission may reasonably deem necessary for the protection of the public."
Section 6. Said chapter is further amended by striking in its entirety Code Section 43-4A-10, relating to temporary registration, and inserting in lieu thereof a new Code Section 43-4A-10 to read as follows:
"43-4A-10. The commission may, at its discretion, issue a temporary registration valid tor a period not exceeding yy days subject^ wncrc appropriate, to tnc automatic and summary revocation for cause by the commission. Otherwise, the conditions for issuance or renewal shall meet the requirements of Code Section 43-4A-5."
Section 7. Said chapter is further amended by striking in its entirety Code Section 43-4A-11, relating to requirements for applications for registration or renewal, and inserting in lieu thereof a new Code Section 43-4A-11 to read as follows:
"43 4A-11. AH applications for registration er renewal shall state the names and

business ef the athlete agent. 43-4A-11. (a) Any person who engages in the occupation of an athlete agent with
an athlete without complying with this chapter or who otherwise violates any provisions of this chapter shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $5,000.00 nor more than $100,000.00 or by imprisonment from one to five years, or both.
(b) Any agent contract or professional services contract that is negotiated for, with, or on behalf of an athlete by an athlete agent who has failed to comply with the registration requirements of subsection (a) of Code Section 43-4A-4 is void."
Section 8. Said chapter is further amended by striking in its entirety Code Section 43-4A-12, relating to fees for issuance of application and renewal, and inserting in lieu thereof a new Code Section 43-4A-12 to read as follows:
"43 4A-12. (a) A filing fee to be determined fey the commission shall fee paM at the time the application f-er issuance ef an athlete agent registration is filed.
tion , every fltnlete Eigent snsri psy tHenntftily 8 renew9l tee wnicii pany the application for renewal.

THURSDAY, MARCH 2, 1989

1687

\C) I fie commission sriftll set ttic ices rccjuirecl oy *tiis Oode section HI tiie flinourit necessary te generate sufficient revenue te cover the costs ef- administration and enforce -
43-4A-12. The commission is authorized to charge an application fee, temporary registration fee, registration fee, registration renewal fee, or similar fees and may establish the amount of the fees to be charged. Each fee so established shall be reasonable and shall be determined in such a manner that the total amount of fees charged by the commission shall approximate the total of the direct and indirect costs to the state of the operations of the commission."
Section 9. Said chapter is further amended by striking in its entirety Code Section 43-4A-13, relating to surety bond requirements, and inserting in lieu thereof a new Code Section 43-4A-13 to read as follows:
"43-4A-13. An athlete agent shall deposit or have deposited with the commission, prior to the issuance of a registration or renewal of a registration, a surety bond in the penal sum of $100,000.00 not less than $10,000.00, as established by the commission. Such surety bond shall be executed in the favor of the state with a surety company authorized to do business in this state and conditioned to pay damages in the amount of such bond to any athletic association ef- a university in this state department aggrieved by any act of the principal named in such bond, which act is in violation of Code Section 43-4A-16 and or would be grounds for revocation of a license under Code Section 43-4A-7 or 43-4A-8. If more than one athletic association department suffers damages by the actions of an athlete agent, each athletic association department shall receive a pro rata share of the amount of the bond based on the entitlement of one share of such amount of the bond for each athlete who loses college his or her eligibility to participate in intercollegiate sports contests as a member of a sports team at an institution of higher education as a result of actions of the athlete agent."
Section 10. Said chapter is further amended by striking in its entirety Code Section 43-4A-16, relating to the signing of a contract prior to termination of an athlete's college eligibility, and inserting in lieu thereof a new Code Section 43-4A-16 to read as follows:
"43-4A-16. (a) (lj An athlete agent who intends to sign an athlete to an agent contract prior to the termination of the athlete's college eligibility to participate in a sport in which the athlete participates at a university in ;this state intercollegiate sports contests at an institution of higher education shall notify the commission in writing. The athlete agent shall provide the name of the athlete and the athlete's university institution of higher education and the sport or sports in which the athlete competes at such university institution of higher education. The commission shall within three seven business days notify in writing the athletic director of the univcr sity institution of higher education attended by the athlete, provided that said institution has filed the annual report required by subsection (b) of Code Section 43-4A-4. Except as otherwise provided in this subsection for notification of the athletic director, the notice filed by the athlete agent with the commission shall be confidential information and not a public record. The athlete agent shall not be permitted to sign the athlete to an agent contract until the expiration of 30 days from the date that the commission received notice from the agent of the intention to sign such contract.
(2) An athlete agent who signs an athlete to an agent contract prior to the termination of the athlete's eligibility to participate in intercollegiate sports contests at an institution of higher education shall notify the commission m writing within ten days of the date of said signing. The athlete agent shall provide the name of the athlete, the name of the athlete's institution of higher education, and the sport or sports in which the athlete competes at said institution. The commission shall within seven business days notify in writing the athletic director at the institution of higher education, provided that said institution has filed the annual report required by subsection (b) of Code Section 43-4A-4. (b) Prior to the signing of an agent contract, an athlete agent shall not compensate any athlete or take any other action in connection with such athlete which may jeopardize such athlete's college eligibility to participate in a sport at the university in which

1688

JOURNAL OF THE HOUSE,

stteh athlete is under scholarship or participates in stteh sport intercollegiate sports contests at an institution of higher education.
(c) If an athlete agent fails to comply with the provisions of subsection (a) or (b) of this Code section, such athlete agent shall be liable for damages in the amount of the bond deposited pursuant to Code Section 43-4A-13 to any athletic association ef a aniversity department for which an athlete participates, which athlete was the subject of the agent contract or consideration or other action resulting in a violation of this Code section. The provisions of this subsection shall apply regardless of whether an athlete loses any college eligibility to participate in intercollegiate sports contests at such university institution of higher education.
(d) If an athlete agent fails to comply with the provisions of subsection (a) or (b) of this Code section, any agent contract that is negotiated by said athlete agent is void. The provisions of this subsection shall apply regardless of whether an athlete loses any eligibility to participate in intercollegiate sports contests at such institution of higher education.
(e) If an athlete agent fails to comply with the provisions of subsection (a) or (b) of this Code section, said athlete agent is subject to forfeiture of any right of repayment of anything of value either received by an athlete as an inducement to enter into any agent contract or received by an athlete before completion of the athlete's last intercollegiate sports contest."
Section 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 12. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Lucas of the 102nd moves to amend the Committee substitute to SB 43 as follows:
By adding a new Section IDA to read as follows:
"Section 10A. This chapter shall not be applicable to a person or agreement involving an athlete and an amateur athletic team".

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
Batkcom 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 Buck
Y Buford
Byrd Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks
Childers Y Clark.B

Y Clark,H
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 Y Dixon.H Y Dixon,S Y Dobbs

Y Dover Y Dunn
Y Edwards Y Ehrhart Y Pelton 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 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

THURSDAY, MARCH 2, 1989

1689

Y Kingston Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson Y Lee Y Linder
Long
Y 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
Oliver.C Y Oliver.M Y OnY Orrock
Padgett Y Pannell Y Parham
Parrish Y Patten

Y Pettit Y Pinkston Y Poag
Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom
Y Ray Y 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 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 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, as amended, the ayes were 150, nays 0.
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 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.

The following Senate substitute was read:

A BILL

To make and provide appropriations for the State Fiscal Year beginning July 1, 1989,
and ending June 30, 1990; 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, 1989, and ending June 30, 1990, 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 $6,720,000,000 for State Fiscal Year 1990.

PART I. LEGISLATIVE BRANCH

Section 1. Legislative Branch. Budget Unit: Legislative Branch.........................................................$
Personal Services - Staff................................................................$ Personal Services - Elected
Officials .........................................................................................$ Regular Operating Expenses .........................................................$

19,778,888 9,091,086
2,849,115 2,467,900

1690

JOURNAL OF THE HOUSE,

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 AccountCapital Outlay.................................. Total Funds Budgeted..................... State Funds Budgeted.....................

117,200 7,000 0
300,000 400,000 65,100 673,000
428,259
2,182,428 65,000
1,132,800 0
19,778,888 19,778,888

Senate Functional Budgets

Total Funds

State Funds

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

$

3,712,444

$

524,618

$

976,118

$

5,213,180

3,712,444 524,618
976,118 5,213,180

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

$

7,679,679

$

385,506

$

1,037,042

$

9,102,227

7,679,679
385,506 1,037,042 9,102,227

Joint Functional Budgets

Total Funds

State Funds

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

$

1,874,005

$

1,799,699

$

737,700

$

1,052,077

$

5,463,481

1,874,005 1,799,699
737,700 1,052,077 5,463,481

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

THURSDAY, MARCH 2, 1989

1691

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.

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...............................................

13,442,616
11,554,362 341,610 700,000 11,000 23,750 25,500 517,628 218,209 50,557
13,442,616 13,442,616

PART II. JUDICIAL BRANCH

Section 3. Supreme Court. Budget Unit: Supreme Court..........................................

4,080,027

Section 4. Court of Appeals. Budget Unit: Court of Appeals .....................................

4,617,723

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.................................................

37,517,869 36,123,412
572,812 122,660
83,188
600,797 15,000

Section 6. Juvenile Courts.

1692

JOURNAL OF THE HOUSE,

Budget Unit: Juvenile Courts........................................................
Section 7. Institute of Continuing Judicial Education.
Budget Unit: Institute of Continuing Judicial Education............................................
Institute's Operations............................................................... Georgia Magistrate Courts
Training Council....................................................................
Section 8. Judicial Council. Budget Unit: Judicial Council.......................................................
Council Operations.................................................................... Payments to Judicial
Administrative Districts for Case Counting........................................................................ Board of Court Reporting........................................................ 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...................................................................

350,594
462,500 337,000 125,500
1,599,427 580,564
73,500 29,723 26,000 20,000 10,000 230,000 629,640
109,550
27,502,386 44,320,355 9,712,215
338,500 426,000 2,093,708 9,239,841 3,410,064 898,105 431,150 16,169,500 37,900 2,000,000
3,260,000 34,400,000 13,000,000

THURSDAY, MARCH 2, 1989

1693

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.................

608,800
40,000
30,000
0 2,600,000 4,200,000 147,216,138 27,502,386

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

407,161 5,641,618
17,246,015
12,666,455 2,802,532
697,116
534,605 49,293,526
3,939,909 43,546,842 6,453,276
1,511,616 707,867
1,767,600 147,216,138

407,161 5,611,553
15,246,015
0 2,802,532
0
534,605 2,900,520
0 0 0 0 0 0 27,502,386

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
20,038,669 4,704,744
22,750 238,500 220,775 112,000
10,800 136,700 143,300
0 8,166,638
190,000 0
0 33,984,876
0

1694

JOURNAL OF THE HOUSE,

Georgia Building Authority Functional Budgets

Total Funds

State Funds

Grounds

$

1,965,555

0

Custodial

$

5,264,184

0

Maintenance

$

5,140,693

0

Security

$

5,234,133

0

Van Pool

$

331,385

0

Sales

$

4,560,675

0

Administration

$

10,788,251

0

Railroad Excursions

$

700,000

0

Facility Renovations

$

0

0

Total

$

33,984,876

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....................................

0
4,500,000 3,996,000 1,500,000
175,000 700,000
0 0
20,000 800,000
0 0
11,691,000 0

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....................................................

33,603,184
28,675,447 3,523,483
876,524 480,842 210,000 463,294 851,763 401,619 316,871 650,000
2,252,767
1,974,627 547,000 91,000 60,000 205,000
537,132

THURSDAY, MARCH 2, 1989

1695

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......................

200,000 0
60,000 50,000 100,000 42,527,369 33,603,184

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

4,224,981 6,984,025 1,833,846 3,721,544 4,606,723 1,484,421 2,934,660
6,205,046 3,885,349 4,213,916
391,652 2,041,206 42,527,369

3,875,981 6,610,025 1,796,592 3,721,544 4,536,060 1,484,421 2,920,760
4,766,334 1,291,191
743,070 0
1,857,206 33,603,184

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........................................................

595,229 141,420
7,250 0
7,611 0 0
9,000 32,000 76,000 120,000 988,510
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............................................................

5,058,000 233,000 290,000 13,500 17,000 80,000 196,000

1696

JOURNAL OF THE HOUSE,

Telecommunications........................................................ Per Diem, Fees and Contracts....................................... Total Funds Budgeted..................................................... State Funds Budgeted.....................................................

53,000 2,000 5,942,500 5,942,500

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.................................................................... 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.....................................................

7,468,312
4,958,380 252,705 176,155 0 8,910 41,495 435,062 66,500 118,020 50,000
1,400,000 245,000
114,673
30,000,000
0 0 0
600,000
400,490 38,867,390 7,468,312

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

$

3,667,806

$

1,492,982

$

32,269,977

$

1,126,338

$

310,287

$

38,867,390

3,645,306 1,279,762
1,275,995 956,962 310,287
7,468,312

Section 14. Department of Corrections. A. Budget Unit: Administration, Institutions
and Probation......................... Personal Services............................................ Regular Operating Expenses........................ Travel............................................................... Motor Vehicle Purchases.............................. Equipment....................................................... Computer Charges..........................................

331,666,097 241,182,659 31,320,024
1,356,304 1,382,000 3,767,644
892,000

THURSDAY, MARCH 2, 1989

1697

Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Utilities .............................................................................................$
Court Costs.......................................................................................$ County Subsidy ...............................................................................$ County Subsidy for Jails................................................................$ County Workcamp Construction
Grants............................................................................................$ Grants for Local Jails.....................................................................$ Central Repair Fund.......................................................................$ Payments to Central State
Hospital for Meals.......................................................................$ Payments to Central State
Hospital for Utilities...................................................................$ Payments to Public Safety
for Meals.......................................................................................$ Inmate Release Fund......................................................................$ Health Services Purchases.............................................................$ Payments to MAG for Health
Care Certification ........................................................................$ University of Georgia -
Cooperative Extension Service Contracts.........................................................................$ Minor Construction Fund..............................................................$ Authority Lease Rentals ................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Funding.................................................................$ Georgia Correctional Industries....................................................$ State Funds Budgeted....................................................................$

3,083,000 2,438,358 1,690,152
97,450 9,701,515
350,000 12,454,000 6,775,000
0 200,000 750,000
3,262,000
1,258,000
350,000 1,125,000 15,548,832
50,000
304,000 0
200,000 339,537,938
0 0 331,666,097

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutions and Support Probation Total

$

36,575,000

$ 240,691,000

$

62,271,938

$ 339,537,938

$

36,526,497

$ 239,184,000

$

55,955,600

$ 331,666,097

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....................................................................$

21,556,000
17,452,000 540,000 524,000 57,500 75,000 125,000
1,189,000 416,000 483,000 694,500
21,556,000 21,556,000

Section 15. Department of Defense. Budget Unit: Department of Defense ................................................$ Operations Budget:

5,477,345

1698

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......................................................$ 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....................................................................$

8,043,669 4,212,153
77,604 41,500 57,525 22,155 5,760 154,276 196,500
1,044,200 51,000
18,000 42,000 1,182,133 66,315 180,000 15,394,790 5,477,345

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

$

1,347,104

$

3,169,318

$

3,671,545

$

7,206,823

$

15,394,790

$

1,268,752

$

984,071

$

523,872

$

2,700,650

$

5,477,345

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........................................................................$

2,405,830,465
40,036,602 4,701,321 1,694,360
91,783 517,041 10,291,805 2,411,867 793,133 20,967,274 870,888
0
634,576,844 522,875,945 251,437,707 76,226,518
79,994,409 182,331,025 21,241,981 43,764,770

THURSDAY, MARCH 2, 1989
Staff Development........................ Professional Development............ Media.............................................. Indirect Cost.................................. Pupil Transportation.................... Isolated Schools............................. Local Fair Share............................ Other Categorical Grants: Equalization Formula................... Sparsity Grants.............................. In School Suspension.................... Special Instructional Assistance. Middle School Incentive.............. Special Education Low -
Incidence Grants........................ Non-QBE Grants:
Education of Children of LowIncome Families.........................
Retirement (H.B. 272 and H.B. 1321) ........
instructional Services for the Handicapped.......................
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 & O.................. Grants to Local School Systems for Educational Purposes......... Child Care Lunch Program (Federal)..................... Chapter II - Block Grant
Flow Through.............................

1699
6,359,828 16,566,300 86,139,419 460,712,024 111,694,382
0 (478,609,799)
121,582,778 3,577,440 0 1,000,000 19,087,834
100,000
94,675,025
2,100,000
23,177,937
888,439
1,975,000 30,701,113 113,396,789 23,095,897
6,441,255
6,199,846
2,308,820 12,176,827
3,386,952 1,066,000
0 3,084,680
366,540
9,100,965 4,556,416
816,645 3,763,992
78,000,000
16,787,825
10,026,258

1700

JOURNAL OF THE HOUSE,

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........................................ Title II Math/Science Grant
(Federal)....................................... Robert C. Byrd Scholarship
(Federal)....................................... Total Funds Budgeted.................... Indirect DOAS Services Funding . State Funds Budgeted....................

11,701,897 1,000,000 1,000,000
1,250,000 2,700,000
100,000
100,000
345,900
154,000 2,709,480,497
0 2,405,830,465

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 Georgia School for the Deaf Atlanta Area School
for the Deaf Total

$

3,819,540

$

15,626,348

$

1,109,908

$

21,577,313

$

19,355,592

$

4,176,704

$

281,277

$

546,883

$ 2,627,104,423

$

4,437,416

$

6,841,892

$

4,603,201

$ 2,709,480,497

$

3,291,972

$

8,416,723

$

1,069,915

$

16,505,631

$

18,713,930

$

2,758,717

$

281,277

$

546,883

$ 2,339,259,324

$

4,226,798

$

6,565,551

$

4,193,744

$ 2,405,830,465

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
968,000 125,000
8,000 0
7,000 289,000 124,000 32,000 718,000
0 0 2,271,000 0

THURSDAY, MARCH 2, 1989

1701

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....................................................................$

35,494,000
27,529,337 6,922,549
144,520 1,228,810 2,860,173
154,806 39,174 842,267 478,764 250,000
0
30,000
60,000 30,500 551,000 41,121,900 35,494,000

Forestry Commission Functional Budgets

Total Funds

State Funds

Reforestation Field Services Wood Energy General Administration
and Support Total

$

5,062,033

$

33,776,647

$

30,500

$

2,252,720

$

41,121,900

$

1,876,993

$

31,362,710

$

30,500

$

2,223,797

$

35,494,000

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 .........................................................$

32,535,850
23,106,000 2,426,000
639,000 529,650 556,000 1,004,000 1,785,200 1,947,000 43,000 500,000
0 32,535,850 32,535,850

Georgia Bureau of Investigation Functional Budgets

Total Funds

State Funds

Administration Drug Enforcement

$

2,975,700

$

6,462,000

$

2,975,700

$

6,462,000

1702

JOURNAL OF THE HOUSE,

Investigative Georgia Crime
Information Center Forensic Sciences Total

$

10,347,650

$

6,677,500

$

6,073,000

$

32,535,850

10,347,650
6,677,500 6,073,000 32,535,850

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................... Juvenile Justice Grants.......................... Payments to Hazardous Waste
Management Authority...................... Total Funds Budgeted............................ State Funds Budgeted............................

19,877,598 9,018,730
476,338 185,775
0 55,834 148,637 648,661 210,395 32,017,776 2,869,258 40,000 2,500,000 162,000 2,850,000 331,600 50,000 40,000 900,000 100,000 1,262,925
125,000 53,992,929 19,877,598

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

5,571,258
825,398
4,581,830 3,913,150 2,059,457 32,368,572
328,623
632,426
688,920
1,511,722
1,393,474 0
118,099 53,992,929

5,571,258
755,398
4,581,830 3,396,150 2,059,457
316,581
139,063
632,426
443,140
470,722
1,393,474 0
118,099 19,877,598

THURSDAY, MARCH 2, 1989

1703

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 .................................................$ State Funds Budgeted....................................................................$

454,677,307
55,414,764 3,182,795 1,507,950
0 225,230 2,391,243 5,136,644 1,115,306 2,568,280 329,440 1,221,961
0
116,700
8,893,100 12,596,000
236,000 35,914,845 130,850,258
0 61,921,104

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

$

771,073

$

1,795,199

$

326,408

$

1,744,098

$

0

$

5,087,138

$

554,906

$

509,726

$

1,651,125

$

5,215,469

$

2,032,754

$

524,000

$

12,596,000

$

486,128

$

9,087,446

$

813,435

$

2,481,709

$

818,811

$

3,973,605

$

771,073

$

1,393,692

$

326,408

$

1,698,795

$

(5,733,440)

$

3,555,443

$

554,906

$

509,726

$

1,651,125

$

5,215,469

$

2,032,754

$

524,000

$

12,003,358

$

141,615

$

0

$

736,086

$

2,471,709

$

484,910

$

1,128,504

1704

JOURNAL OF THE HOUSE,

Compliance Monitoring Radiological Health Fraud and Abuse Child Support Recovery Support Services Aging Services State Health Planning
and Development Agency Total

413,294 827,918 5,624,333 22,039,463 11,109,667 39,068,172
1,298,381 130,850,258

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.................................................... 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

802,840 361,012 1,232,541 1,838,763 725,388 789,505
2,029,849 1,908,569
581,923
1,487,737
1,414,114

413,294 612,543 278,404 3,345,713 11,109,667 15,446,969
1,248,381 61,921,104
46,667,426 54,374,226
1,224,215 0
454,313 614,432 943,460 715,305 3,538,066
0 111,851 624,000
4,936,795
2,055,000 7,456,223
400,000 2,766,470

2,291,549
518,060 66,256,784 11,909,888 6,400,500 214,258,563
0 125,179,085

State Funds

$

802,840

$

301,012

$

1,147,541

$

1,701,437

$

725,388

$

724,935

$

1,499,849

$

912,998

$

0

$

260,057

$

1,414,114

THURSDAY, MARCH 2, 1989

1705

Family Health Management Infant and Child Health Maternal Health - Perinatal Family Planning Malnutrition Dental Health Children's Medical Services Chronic Disease Diabetes Cancer Control Environmental Health Laboratory Services Emergency Health District Health
Administration Newborn Follow-Up Care Sickle Cell, Vision
and Hearing High-Risk Pregnant
Women and Infants Grant in Aid to Counties Community Health Management Community Care Aids Total

11,377,378 10,436,941 2,655,059 10,782,234 55,779,663 1,742,829 12,063,355
1,405,655 687,808
4,012,737 968,603
5,240,283 2,921,856
10,157,321 899,203
3,451,790
4,414,448 53,987,000
495,233 2,952,259 4,654,667 214,258,563

5,424,846 9,280,148
901,997 5,954,394
0 1,532,654 9,829,293 1,405,655
687,808 3,951,335
479,831 5,120,283 1,861,356
10,157,321 708,938
2,961,790
4,414,448 47,311,112
389,948 1,171,722 2,144,035 125,179,085

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....................

63,503,460 9,849,338
803,163 119,000 351,573 1,728,383 2,902,171 1,420,350 4,440,877 977,500
0 425,050
242,500 16,157,000
52,000 609,000 6,635,900 110,217,265
0 22,876,045

Rehabilitation Services Functional Budgets

Total Funds

State Funds

Program Direction and Support
Grants Management State Rehabilitation
Facilities

3,672,974 690,631
7,917,233

1,369,165 552,125
1,583,447

1706

JOURNAL OF THE HOUSE,

Roosevelt Warm Springs Institute
Georgia Factory for the Blind
Disability Adjudication Production Workshop District Field Services Independent Living Sheltered Employment Community Facilities Bobby Dodd Workshop Total

17,674,690
13,083,862 23,518,398
852,515 34,973,578
498,890 1,443,494 5,470,850
420,150 110,217,265

4,332,682
617,587 0 0
7,529,930 293,890 706,219
5,470,850 420,150
22,876,045

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....................................................................$

14,318,519 1,517,729
398,244 0
146,816 16,108,654
226,365 1,156,500 5,300,480
9,100 1,461,435 287,148,267
193,112,908 47,192,489 3,442,000
2,260,000 573,799,506
0 244,701,073

Family and Children Services Functional Budgets

Total Funds

State Funds

Refugee Benefits AFDC Payments SSI - Supplemental Benefits Energy Benefits County DFACS Operations
Social Services County DFACS Operations -
Eligibility County DFACS Operations -
Joint and Administration County DFACS Operations -
Homemakers Services Food Stamp Issuance Director's Office
Administrative Support Regional Administration Public Assistance

1,329,923 276,621,244
100 10,051,000
53,008,199
83,754,989
47,323,915
6,678,495 2,425,000
849,922 4,392,571 3,942,842 4,585,593

$

0

$

104,393,676

$

100

$

0

$

8,621,902

$

41,804,957

$

22,588,482

$

6,678,495

$

0

$

849,922

$

3,692,478

$

3,942,842

$

2,139,213

THURSDAY, MARCH 2, 1989

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
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..................... 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 .............

18,857,167 2,375,549
0 2,318,389 2,000,000 19,986,700 2,877,500
791,500 3,319,700 18,365,300
158,000 776,500 1,141,500 3,385,598
2,482,310 573,799,506

1707
9,338,112 2,375,549 (6,446,271) 1,908,631 2,000,000 13,361,111 2,363,073
619,059 2,394,758 15,865,300
158,000 776,500 1,113,431 2,920,598
1,241,155 244,701,073
179,904,169 68,924,088 3,933,572
119,000 1,177,932 20,842,712 9,208,640 4,407,461 15,847,703 1,316,040 3,220,297
0
4,936,795
2,055,000 7,456,223
624,000 400,000 2,766,470
2,291,549 518,060
66,256,784 8,893,100 59,788,489 16,157,000
52,000 287,148,267
193,112,908
359,200 10,687,500 56,720,633

1708

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 Contract................................... Service Benefits for Children............................ Purchase of Service Contracts .......................... Total Funds Budgeted........................................ Indirect DOAS Services Funding ..................... State Funds Budgeted........................................

472,199,121
369,599,592 34,350,302
1,063,560 574,700
3,529,007 4,776,811
867,900 2,998,350 5,882,070 13,668,100
522,300 2,451,904
2,990,700
2,222,850
34,253,538
84,836,193
12,541,109
44,340,000 1,424,600 2,427,689 498,000
625,819,275 0
472,199,121

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

37,084,800 31,423,288
27,579,400 21,956,229 28,504,847
29,003,547 123,681,370 23,463,327 44,445,000 21,756,219

24,880,178 15,620,922 25,097,423 18,289,354 21,765,334 23,324,987 84,684,315 20,540,076 24,093,900 17,070,594

THURSDAY, MARCH 2, 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

3,134,860
8,823,300
4,720,232
65,549,143 12,216,409
616,000 438,850 1,181,000
44,340,000 378,100
1,665,600
280,600 324,700
3,346,100
14,500,500
76,900 9,289,000
17,958,138 10,130,700 6,849,700 3,875,700 3,708,400 12,147,773 2,683,354
925,100 658,500 3,762,489
674,500
396,000
2,259,600 625,819,275

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..........................................................

1709
2,979,860
8,732,180
2,778,465
37,813,143 11,453,486
601,754 438,850 1,181,000
37,420,065 378,100
1,411,500
280,600 324,700
3,346,100
14,500,500
76,900 8,258,681
17,544,138 9,761,600 6,778,000 3,757,800 3,607,300 12,147,773 2,683,354
925,100 658,500 3,662,489
674,500
396,000
2,259,600 472,199,121
18,202,426
7,220,559 1,683,941
349,445 34,880 72,287 134,342 635,968

1710

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....................................................................$

252,450 297,370 230,000
5,401,184
2,745,000
80,000
25,000
50,000 35,000
0
53,000
25,000 0
19,325,426 18,202,426

Department of Industry and Trade Functional Budgets

Total Funds

State Funds

Administration Economic Development Tourism Total

$

6,512,658

$

4,964,060

$

7,848,708

$

19,325,426

$

5,702,658

$

4,791,060

$

7,708,708

$

18,202,426

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....................................................................$

10,694,749
9,530,046 517,900 309,000 139,900 30,200 413,900 515,100 207,600 50,500
11,714,146 10,694,749

Department of Insurance Functional Budgets

Total Funds

State Funds

Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile
Home Regulation Total

$

1,977,600

$

4,252,646

$

581,300

$

4,902,600

$

11,714,146

$

1,977,600

$

4,122,646

$

581,300

$

4,013,203

$

10,694,749

THURSDAY, MARCH 2, 1989

1711

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....................................................................$

6,316,491
58,587,198 6,455,700
830,400 0
450,109 3,540,150 1,305,727 1,423,695
63,102,011 889,999 0
1,774,078 3,522,478 141,881,545 6,316,491

Department of Labor Functional Budgets

Total Funds

State Funds

Executive Offices Administrative Services Employment and Training
Services Total

$

7,913,025

$

16,199,190

$ 117,769,330 $ 141,881,545

$

261,954

$

1,480,069

$

4,574,468

$

6,316,491

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....................................................................?

8,196,457
7,334,384 414,072 132,000 0 31,680 203,321 413,900 88,000 60,000 110,000
8,787,357 8,196,457

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

543,462,527
11,688,032 498,086 190,500 0 61,727
12,528,544 935,973 392,900
19,869,556

1712

JOURNAL OF THE HOUSE,

and Disallowances.......... Payments to Counties for
Mental Health................. Audit Contracts.................. Total Funds Budgeted....... State Funds Budgeted.......

Medical Assistance Functional Budgets

Total Funds

Commissioner's Office Program Management Systems Management Administration Program Integrity Benefits, Penalties
and Disallowances Total

$

1,236,007

$

24,132,875

$

14,918,911

$

2,522,360

$

4,127,665

$ 1,525,110,571 $ 1,572,048,389

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

2,452,243
1,097,351 1,179,170
1,256,597
13,274,638 513,132,328
1,911,332 1,513,364 535,817,023

Section 28. Department of Natural Resources. A. Budget Unit: Department of Natural
Resources.................................................. Operations Budget:

1,495,425,707
29,684,864 772,500
1,572,048,389 543,462,527

State Funds

$

534,706

$

3,456,270

$

4,122,593

$

405,430

$

1,651,381

$ 533,292,147 $ 543,462,527

0
6,920,231 1,021,388
71,000 54,270 2,845,767 754,119 87,000 42,004,735 482,058,513 535,817,023 9,047,319
526,695,960 73,744 0
State Funds

68,903,955

THURSDAY, MARCH 2, 1989
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................................. Grant - Chehaw Park Authority.... Grant - Zoo Atlanta......................... Total Funds Budgeted..................... Receipts from Jekyll Island
State Park Authority...................

1713
54,515,867 10,714,150
492,100 1,451,159 1,581,004
649,603 1,687,930 1,080,300 1,598,690
900,000 540,000
300,000
125,000
2,029,000
350,000 225,000 1,100,000 2,203,000
0
206,000 50,000
485,000
1,848,000
20,000
351,744 125,000 100,000
10,000
200,000 150,000
2,152,100 275,000
2,500,000 7,000 13,000
500,000 250,000 250,000 91,035,647
314,594

1714

JOURNAL OF THE HOUSE,

Receipts from Stone Mountain Memorial Association .................................................................$
Indirect DOAS Funding.................................................................$ State Funds Budgeted....................................................................$

315,000 0
68,903,955

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

$

7,689,563

$

26,254,981

$

34,039,962

$

21,374,395

$

1,676,746

$

91,035,647

$

7,059,969

$

22,662,595

$

19,803,334

$

17,786,311

$

1,591,746

$

68,903,955

B. Budget Unit: Georgia Agricultural Exposition Authority..........................................$
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
838,059 677,552 25,000 77,900 295,280
5,814 2,400 9,600 220,495
0 2,152,100
0

Functional Budgets

Total Funds

State Funds

Georgia Agricultural Exposition Authority

$

2,152,100

$

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...................................................$

75,600,779
56,487,894 8,676,209
141,000 2,069,000
724,781 4,224,364
45,018 1,311,813
239,100 225,000
200,000 275,000 981,600 75,600,779
0

THURSDAY, MARCH 2, 1989

1715

State Funds Budgeted..............................................................

75,600,779

Public Safety Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

15,918,160 15,583,980 44,098,639 75,600,779

15,918,160 15,583,980 44,098,639 75,600,779

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....................................................................$

13,527,208
6,637,132 2,361,826
134,000 61,870 158,183 363,312 92,687 159,000 1,049,800 2,672,323
0 13,690,133 13,205,133

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....................................................................$

427,065 29,600 13,000
0 0 40,000
69,988 5,000
18,800 3,500,000 4,103,453
322,075

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

4,103,453
4,620,786 910,177
1,153,515
410,155
286,078
6,309,422 17,793,586

$

322,075

$

4,620,786

$

890,177

$

1,073,515

$

410,155

$

286,078

$

5,924,422

$

13,527,208

1716

JOURNAL OF THE HOUSE,

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......................................

13,915,342
291,342 13,624,000 13,915,342 13,915,342

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......................................

7,547,760
6,115,454 397,378 244,460 59,491 153,148 331,000 288,369 114,800
1,250,000 8,954,100 7,547,760

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

$

1,546,644

$

2,996,871

$

4,410,585

$

8,954,100

1,546,644 1,713,671 4,287,445 7,547,760

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........................ Forestry Research................................................. Research Consortium........................................... Eminent Scholars Program................................. Capital Outlay...................................................... Total Funds Budgeted......................................... Departmental Income.......................................... Sponsored Income................................................ Other Funds.......................................................... Indirect DOAS Services Funding ......................

720,439,250
754,497,699 110,000,000
201,753,911 125,000,000 10,000,000
340,820 372,545 300,000
0 0 0 1,202,264,975 29,000,000 235,000,000 217,825,725 0

THURSDAY, MARCH 2, 1989

1717

State Funds Budgeted....................................................................$

720,439,250

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....................................................................$

140,687,732
184,723,138 62,160,402
83,595,517 31,207,812
270,780 1,779,143
1,311,000
2,655,750 2,506,660
158,000
702,352 12,521,000
789,750 600,000 200,000
818,346
211,000 386,210,650
0 91,421,109 154,101,809
0 140,687,732

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

1,848,688 3,557,302 1,512,780 110,958,622 6,112,190 49,516,200 47,695,355 129,626,862

$

1,172,780

$

1,493,984

$

917,080

$

12,469,522

$

2,141,590

$

33,151,323

$

32,295,355

$

27,794,835

1718

JOURNAL OF THE HOUSE,

Veterinary Medicine Experiment Stations
Veterinary Medicine Teaching Hospital
Joint Board of Family Practice
Georgia Radiation Therapy Center
Athens and Tifton Veterinary Laboratories
Regents Central Office Total

$

2,907,963

$

2,329,680

$

5,677,035

$

1,947,105

$

2,374,707

$

20,146,161

$

386,210,650

2,907,963
496,680
5,677,035
0
23,424 20,146,161 140,687,732

C. Budget Unit: Georgia Public Telecommunications Commission....................
Public Telecommunications Commission Budget: Personal Services....................................... Operating Expenses.................................. Total Funds Budgeted.............................. Other Funds ............................................... State Funds Budgeted..............................

6,291,298
5,283,017 5,555,258 10,838,275 4,546,977 6,291,298

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..............................

70,024,337
43,793,076 3,692,600 1,339,000
105,600 461,892 7,964,608 2,676,452 718,000 215,050
1,904,000
1,430,000 2,750,000 2,974,059 70,024,337
0 70,024,337

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

4,451,323 9,787,623 2,934,865 14,976,017
7,894,010 14,952,699 6,189,999 4,374,466

$

4,451,323

$

9,787,623

$

2,934,865

$

14,976,017

$

7,894,010

$

14,952,699

$

6,189,999

$

4,374,466

THURSDAY, MARCH 2, 1989

1719

Sales Tax Unit Total

$

4,463,335

$

70,024,337

$

4,463,335

$

70,024,337

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....................................................................$

21,145,797 13,574,045 2,721,900
235,200 146,403 122,756 738,842 2,242,319 274,476 589,846 500,000 21,145,797 21,145,797

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

$

2,909,429

$

4,957,780

$

4,254,727

$

1,158,484

$

909,735

$

188,021

$

6,767,621

$

21,145,797

$

2,909,429

$

4,957,780

$

4,254,727

$

1,158,484

$

909,735

$

188,021

$

6,767,621

$

21,145,797

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

$

40,500

$

216,474

$

113,000

$

251,417

$

800

$

3,397

$

5,750

$

48,597

$

23,380

$

165,726

$

28,500

$

122,250

$

122,500

$

637,275

$

49,500

$

896,635

$

63,750

$

306,785

$

10,000

$

18,144

$

88,300

$

391,463

$

3,800

$

29,406

$

26,000

$

188,170

$

6,800

$

16,994

1720

JOURNAL OF THE HOUSE,

S.B. of Hearing Aid

Dealers and Dispensers

$

G.B. of Landscape Architects

$

S.B. for the Certification

of Librarians

$

Georgia Composite Board of

Professional Counselors,

Social Workers and Marriage

and Family Therapists

$

Composite S.B. of Medical

Examiners

$

S.B. of Nursing Home

Administrators

$

G.B. of Nursing

$

S.B. of Dispensing Opticians

$

S.B. of Examiners

in Optometry

$

S.B. of Occupational Therapy

$

S.B. of Pharmacy

$

S.B. of Physical Therapy

$

S.B. of Podiatry Examiners

$

S.B. of Polygraph Examiners

$

G.B. of Examiners of

Licensed Practical Nurses

$

G.B. of Private Detective

and Security Agencies

$

S.B. of Examiners of

Psychologists

$

S.B. of Recreation Examiners

$

S.B. of Examiners for Speech

Pathology and Audiology

$

S.B. of Registration for

Used Car Dealers

$

S.B. of Registration for

Used Motor Vehicle

Dismantlers, Rebuilders,

and Salvage Dealers

$

S.B. of Veterinary Medicine

$

S.B. of Examiners for

Certification of Water

and Wastewater Treatment

Plant Operators and

Laboratory Analysis

$

Total

$

B. Budget Unit: Real Estate Commission. Real Estate Commission Budget:
Personal Services:..................................... Regular Operating Expenses.................. Travel......................................................... Motor Vehicle Purchases........................ Equipment................................................. Computer Charges.................................... Real Estate Rentals................................. Telecommunications................................ Per Diem, Fees and Contracts............... Total Funds Budgeted............................. State Funds Budgeted.............................

8,500 21,600 3,965
16,000 115,000 16,000 79,000 10,500 20,000 10,000 84,500 17,000
7,500 7,000 55,500 15,000 21,500 8,500 7,500 15,000
13,850 45,000
12,100 1,200,595

21,671 31,217
20,966
113,073
1,193,058
41,555 1,081,927
38,664
47,369 18,900 541,543 70,530 21,129 30,669
592,702
315,722
59,859 21,048
29,894
203,990
49,920 81,987
182,652 8,114,358 1,515,168
845,449 139,235 12,000 16,734 10,330 234,920 108,500 47,000 101,000 1,515,168 1,515,168

THURSDAY, MARCH 2, 1989

1721

Real Estate Commission Functional Budget

State Funds

Cost of Operations

Real Estate Commission

$

1,515,168

$

1,555,168

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....................................................................$

1,742,371
796,158 119,206 55,000
0 11,516 6,635 44,660 15,500 155,300 538,396 1,742,371 1,742,371

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....................................................................$

19,909,394
3,905,774 373,300 65,800 0 19,395 285,000 125,000 17,500 381,625
3,810,000 12,978,227 5,020,320
42,000
108,000 200,000
407,000
454,300 28,193,241 19,909,394

Georgia Student Finance Commission Functional Budgets

Total Funds

State Funds

Internal Administration Higher Education
Assistance Corporation
Georgia Student Finance Authority
Total

$

4,791,769

$

381,625

$

23,019,847

$

28,193,241

$

0

$

381,625

$

19,527,769

$

19,909,394

1722

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............................. 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

$

7,020,274

$121,768,951

$

128,789,225

Section 39. Department of Transportation. Budget Unit: Department of
Transportation ................................ For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance,

3,677,500
2,664,000 271,212 26,000 14,275 981,516 309,375 87,500 336,000
2,800,000
877,500
0 8,367,378 3,677,500

114,438,768
3,332,560 311,213 105,000 0 25,100
1,803,216 380,000 56,185
1,007,000 70,874,168 11,490,029
0 4,784,000 26,297,539 2,669,535 5,653,680 128,789,225 114,438,768

State Funds

$

5,150,619

$109,288,149

$

114,438,768

481,410,285

THURSDAY, MARCH 2, 1989

1723

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.......................

218,587,619 52,590,244 1,718,000 1,020,000 5,086,095 4,251,229 1,357,789 1,940,320 9,235,041 439,947,607 9,317,013 9,317,000
1,250,000
1,270,000 10,395,426
1,263,500
0 45,741,427 814,288,310 481,410,285

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

$ 530,877,226

$ 217,098,526

$

8,209,064

$

9,317,013

$

20,817,610

$ 786,319,439

$ 229,954,505

$ 206,021,908

$

7,548,964

$

9,317,013

$

20,157,610

$ 473,000,000

General Funds Budget

Total Funds

State Funds

Grants to Municipalities Paving at State and
Local Schools and State Institutions Air Transportation Inter-Modal Transfer Facilities Harbor Maintenance Activities Maintenance and Betterments Total

$

9,317,000

750,000 1,654,274
14,984,097
1,263,500 0
27,968,871

$

317,000

750,000 1,154,274
4,925,511
1,263,500 0
8,410,285

Section 40. Department of Veterans Service. Budget Unit: Department of Veterans
Service................................................... Departmental Operations Budget:
Personal Services..........................................................

19,032,981 4,524,537

1724

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................................ 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...................

111,080 89,000
0 67,100 6,500 223,102 60,000 16,700
0
12,428,613
5,538,200
259,000 23,323,832 19,032,981

Veterans Service Functional Budgets

Total Funds

State Funds

Veterans Assistance Veterans Home and Nursing
Facility - Milledgeville Veterans Nursing
Home - Augusta Total

5,047,419
12,629,213
5,647,200 23,323,832

$

4,819,611

$

9,898,170

$

4,315,200

$

19,032,981

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....................................................................$

7,693,502
6,163,932 297,625 65,250 0 21,715 328,305 608,000 103,695 179,980
7,768,502 7,693,502

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) ...............................................$

300,876,706 27,063,800

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

THURSDAY, MARCH 2, 1989

1725

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 Apeals. 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 Judicial Education. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 48. Provisions Relative to Section 8, Judicial Council. The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court reporting of the Judicial Council, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.
Section 49. Provisions Relative to Section 16, State Board of Education - Department of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,425.10. 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 $600,000 for FY 1990.
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.
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

1726

JOURNAL OF THE HOUSE,

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 1990 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 1990 that it contributed during SFY 1989.
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 50. 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 65.37% 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 $ 229
347 414 488 559 606 656 696 733 784 839

Maximum Monthly Amount $ 150 227 271 319 365 396 429 455 479 513 548

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 1990 that was authorized in fiscal year 1987.
Provided that the Department of Human Resources is authorized and directed to use any available funds for the purpose of increasing the per diem rates paid to intermediate care facilities.

Section 51. Provisions Relative to Section 27, Merit System of Personnel Administration. The Department is authorized to assess no more than $158.21 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 1990 shall not exceed ten and one-quarter percent (10.25''<).

Section 52. 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.

THURSDAY, MARCH 2, 1989

1727

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 53. 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 54. Provisions Relative to Section 32, Board of Regents, University System of Georgia. The Board of Regents is authorized to transfer other object class surpluses to Capital Outlay and Equipment Purchases without approval of the Office of Planning and Budget or the Fiscal Affairs Subcommittees.
Section 55. Provisions Relative to Section 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 56. 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 57. Provisions Relative to Section 39, Department of Transportation. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less 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.

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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 58. In addition to all other appropriations for the State fiscal year ending June 30, 1990, 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 $8,070,000 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 ($7,950,000 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 59. 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 60. 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 61. 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 62. 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.

THURSDAY, MARCH 2, 1989

1729

Section 63. 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 64. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 65. 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 66. 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 67. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1989 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.
Section 68. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit

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JOURNAL OF THE HOUSE,

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 69. 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 70. 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

Equipment and Furnishings at Southeastern Technical Institute
Equipment for Hayes Correctional Institute
Equipment for High School Vocational Laboratories

2,415,000
2,000,000
1,440,000

579,600 480,000 345,600

B.) Maturities not to exceed two-hundred forty months:

Project/Purpose

Principal Amount

Debt Service

Game and Fish Land Acquisition Public Library Construction Regional Reservoir Land
Acquisition Telfair C.I. Support Facilities Buford C.I. Support Facilities Women's Probation
Detention Center
Replacement of Steam Systems at Central State Hospital
Replacement of Steam Systems at Northwest Regional Hospital
Construction of a Secure Treatment
and Detention Center at Milledgeville YDC Local School Construction Advanced Incentive Funding for Local School Construction Specialized Care Unit at Medical College of Georgia Hazardous Waste Dump

15,000,000 14,700,000
6,000,000 3,555,000 2,650,000
2,555,000
2,080,000
2,000,000
1,835,000 73,215,000
40,000,000
37,000,000 1,000,000

1,650,000 1,617,000
660,000 391,050 291,500
281,050
228,800
220,000
201,850 8,053,650
4,400,000
4,070,000 110,000

THURSDAY, MARCH 2, 1989

1731

Construction of Facilities at Alto C.I.
Manufacturing Research Center at Ga. Institute of Technology
Facility for Herty Foundation Cottages for Augusta and
Milledgeville YDC Clayton Regional Youth
Development Center Auditorium and classrooms at
Augusta YDC Facilities at Pickens, Walker
and Upson Technical Institute

13,125,000 4,500,000 4,200,000 3,580,000 3,030,000 1,645,000 1,590,000

1,443,750 495,000 462,000 393,800 333,300 180,950 174,900

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

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

Section 72. Adjustment to Salaries and Benefits. In addition to all other appropriations for the State Fiscal Year ending June 30, 1990, there is hereby appropriated $60,374,058 for the purposes described herein: 1.) $1,725,000 is appropriated for two 1.5% cost-of-living adjustments for retired members of the Employee Retirement System; 2.) $7,240,000 for an increase in the State Health Benefit Plan employee contribution rate of .4'', (5.9% to 6.3%) for teachers; 3.) $25,316,058 for 2.25% of the 10.25% employee contribution to the State Health Benefit Plan for State agencies; and 4.) $26,093,000 for the State's contribution to the School Service Personnel State Health Benefit Plan and the Prior Retired Teachers Health Benefit Plan.

Section 73. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 1990.................................................................................$ 6,720,000,000

Section 74. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 75. 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 145.
The motion prevailed.

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

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AFTERNOON SESSION

The Speaker called the House to order.
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 and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 388 Do Pass SB 70 Do Pass, by Substitute SB 86 Do Pass, by Substitute
Respectfully submitted, /s/ Patten of the 149th
Chairman
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate insists on its substitute to the following Bill of the House:
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.
The Senate has disagreed to the House substitute to the following Bill of the Senate:
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.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:
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.

THURSDAY, MARCH 2, 1989

1733

The President has appointed on the part of the Senate the following: Senators Kidd of the 25th, Olmstead of the 26th and Walker of the 43rd.

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 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.

Representative McDonald of the 12th moved that the House insist on its position in disagreeing to the Senate substitute to HB 145 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:

Representatives McDonald of the 12th, Walker of the 115th and Coleman of the 118th.

The following Resolutions of the House were read and adopted:

HR 397. By Representatives Gresham of the 21st, Alford of the 57th, McCoy of the 1st, Goodwin of the 63rd, Barnett of the 59th and others:
A resolution commending Ida Neal and the Georgia Tech Lady Jackets basketball team.

HR 398. By Representatives Dobbs of the 74th and Stancil of the 66th: A resolution commending Kevin Courchine.

HR 399. By Representatives Isakson of the 21st, Gresham of the 21st, Aiken of the 21st, Atkins of the 21st and Wilder of the 21st:
A resolution commending the Lassiter High School Concert Band.

HR 400. By Representatives Isakson of the 21st and Gresham of the 21st: A resolution commending the birth of Michaelle Elizabeth Falanga.

HR 401. By Representatives Kingston of the 125th, Hamilton of the 124th, Pannell of the 122nd, Johnson of the 123rd, Mueller of the 126th and Alien of the 127th:
A resolution commending the Citizens' Committee for Skidaway Island State Park, Union Camp Corporation, and The Branigar Organization, Inc..

HR 402. By Representative Rainey of the 135th:
A resolution commending the City of Cordele on one hundred years of progress and prosperity.

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

SB 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.

The following amendment was read and adopted:

Representative Hudson of the 117th moves to amend SB 167 by striking the words "an effective date" on lines 7 & 8 of page 1 and inserting in lieu thereof the following:
"a conditional effective date".
By striking Section 6 and inserting in lieu thereof a new Section 6 to read as follows:
"Section 6. This Act shall become effective only if specifically funded and, if so funded, this Act shall become effective upon the later of: (1) its approval by the Governor or its becoming law without his approval; and (2) the enactment into law of legislation appropriating funds specifically designated in the Act appropriating the same as being for the purpose of funding the additional judgeship provided for in 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 ayes were 95, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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; and for other purposes.
WHEREAS, subsection (e) of Code Section 12-8-21 of the O.C.G.A. declares it to be the policy of the State of Georgia to institute and maintain a comprehensive state-wide program for solid waste management which assures that solid waste systems do not adversely affect the health, safety, and well-being of the public and do not degrade the quality of the environment and which makes maximum utilization of the resources contained in solid wastes; and
WHEREAS, the rapid growth in the industrial, commercial, and residential population of Georgia is contributing to a continually growing amount of solid waste which must be properly managed; and
WHEREAS, seventy-one percent of Georgia's current sanitary landfills will be full by 1992, yet increasingly more stringent siting and operating criteria and public opposition to the proposed location of new disposal facilities continue to make the siting of new solid waste management facilities more difficult; and

THURSDAY, MARCH 2, 1989

1735

WHEREAS, many political jurisdictions in Georgia will not be financially capable of continuing to provide independent solid waste disposal services but must rely upon the location and operation of multijurisdictional or regional facilities to fulfill the needs of their citizens; and
WHEREAS, the provision of environmentally and financially sound solid waste management services can best be accomplished by a regionally integrated waste management approach which embodies the following hierarchy:
(1) Waste reduction (minimization); (2) Recycling (including composting); (3) Incineration (including waste-to-energy); and (4) Sanitary landfilling for the residue which cannot otherwise be handled; and
WHEREAS, successful implementation of an integrated approach to solid waste management is dependent upon the existence of comprehensive, state-wide legislation and is preceded by the development of sound, implementable local, regional, and state plans for solid waste management; and
WHEREAS, an issue of such vital importance to the people of the State of Georgia deserves detailed study by the elected representatives of the people of this state and by other experts in the field in order to ensure that Georgia's laws regarding solid waste management are current, responsible, and prudent.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that there is created the Joint Study Committee on Solid Waste Management to be composed of three members of the House of Representatives to be appointed by the Speaker of the House of Representatives, three members of the Senate to be appointed by the President of the Senate, three members of the executive branch of state government, and six members from the public and private sectors to be appointed by the Governor. The executive branch members shall be the commissioner of natural resources or his designee, the commissioner of community affairs or his designee, and the director of the Office of Energy Resources or his designee. The members of the public and private sector shall be as follows: one representative of the Association County Commissioners of Georgia, one representative of the Georgia Municipal Association, one representative of an environmental or conservation organization, one representative of the waste management industry, one representative of the academic community, and one representative of the waste recycling industry. The Speaker of the House and the President of the Senate shall each appoint a cochairman. The cochairman shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. All members of the committee except the executive branch members shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than 20 days unless additional days are authorized. The executive branch members shall be reimbursed for actual and necessary expenses incurred by them in carrying out their duties from the funds of their respective departments or agencies. Except as otherwise provided herein, the funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, on or before December 1, 1989. The committee shall stand abolished on December 31, 1989.

The following amendment was read and adopted:

Representatives Hooks of the 116th and Dobbs of the 74th move to amend SR 103 by striking "20" from line 28 of page 3 and inserting in its place the following:

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JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, as amended.
On the adoption of the Resolution, as amended, the ayes were 106, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
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.
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 118, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
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.
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.
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.
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 112, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
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.

THURSDAY, MARCH 2, 1989

1737

The following Committee substitute was read and adopted:

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; granting an exclusive right of way easement for construction, operation, and maintenance of a street cul-desac in, on, over, under, upon, across, or through property owned by the State of Georgia in Chatham County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS: (1) The State of Georgia is the owner of certain real property located in the llth Georgia militia district of Effingham County, Georgia, which is in the custody of the State Properties Commission and utilized by the Georgia Forestry Commission as a forest fire tower site; (2) The City of Springfield, Effingham County, Georgia, in cooperation with the Effingham County Board of Education, wishes to install a sanitary sewer system and other utilities from Effingham County High School to the City of Springfield; (3) A portion of this system must pass through the above-described state owned property and would be beneficial to the State of Georgia, the City of Springfield, Effingham County, and the Effingham County Board of Education; and (4) The board of commissioners of Effingham County conveyed by fee simple warranty deed a portion of the above-referenced tract to the Georgia Forestry Commission for a consideration of $1.00 on May 8, 1979; and
WHEREAS: (1) The State of Georgia is the owner of certain real property located in the 6th Georgia militia district of Chatham County, Georgia, which is in the custody of and utilized by the Georgia Department of Natural Resources; (2) Said property is a part of the Wormsloe Historic Site; (3) Chatham County wishes to form a cul-de-sac on Fallowfield Drive and the use of approximately 500 square feet of state property would allow for the construction of such street cul-de-sac; and (4) The Georgia Department of Natural Resources has no objection to this easement being granted.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE 1
Section 1. (a) That the State of Georgia is the owner of the hereinafter described real property, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
(b) That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Springfield, Effingham County, and its successors and assigns 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 the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing a sanitary sewer system and other utilities, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the llth Georgia militia district of Effingham County, Georgia, and is more particularly described as follows:
That portion and that portion only that is shown and delineated in red on a drawing entitled "15' Utility Easement and 10' Temporary Construction Easement (along Ga. Hwy. 119) on property of the Georgia Forestry Commission by Charles W. Tuten, Jr.,

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Georgia Registered Land Surveyor No. 2345, containing .072 acre, and being approximately 15' wide and 208.90' long, which is on file in the office of the State Properties Commission.
(c) That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer system and other utilities.
(d) That the City of Springfield, Effingham County, shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said sanitary sewer system and other utilities.
(e) That, after the City of Springfield, Effingham County, has constructed and put into use the sanitary sewer system and other utilities for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia and its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Springfield, Effingham County, and its successors and assigns shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia and its successors and assigns.
(f) That no title shall be conveyed to the City of Springfield, Effingham County, and, except as herein specifically granted to the City of Springfield, Effingham County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Springfield, Effingham County.
(g) That, if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, the City of Springfield, Effingham County, shall remove or relocate its facilities at its sole cost and expense.
(h) That the easement granted to the City of Springfield, Effingham County, shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
(i) That the consideration for such easement shall be $650.00 and the mutual benefit to the parties from the construction, operation, and maintenance of said sanitary sewer system and other utilities.
(j) That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE 2
Section 2. (a) That the State of Georgia is the owner of the hereinafter described real property, hereinafter referred to as the "easement tract," and that in all matters relating to the easement tract, the State of Georgia is acting by and through its State Properties Commission.
(b) That the State of Georgia, acting by and through its State Properties Commission, may grant to Chatham County, its successors and assigns, an exclusive right of way easement for the construction, operation, and maintenance of a street cul-de-sac in, on, over, under, upon, across, or through the easement tract for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing a street cul-de-sac, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement tract is located in the 6th Georgia militia district of Chatham County, Georgia, and is more particularly described as follows:
That portion beginning at a point approximately 34 feet east of the intersection of Fallowfield Drive and Skidaway Road in Chatham County, as shown and

THURSDAY, MARCH 2, 1989

1739

delineated in red on a drawing indicating the exclusive right of way easement, containing .01 acre, and being approximately 10' wide and 50' long which is on file in the office of the State Properties Commission, a survey to be prepared by a registered land surveyor, submitted by Chatham County, and approved by the State Properties Commission. (c) That Chatham County shall have the right to remove or cause to be removed from said easement tract only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said street cul-de-sac. (d) That, after Chatham County has constructed and put into use the street cul-desac for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Chatham County, its successors and assigns, shall have the option of removing its public works from the easement tract or leaving the same in place, in which event the public works shall become the property of the State of Georgia, its successors and assigns. (e) That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the Official Code of Georgia Annotated requiring that a conveyance of real property by the state be filed with the State Properties Commission and accompanied by a plat of the property conveyed, the plat of survey of the property, prepared by a Georgia Registered Land Surveyor, the conveyance of which is authorized by this resolution, to be furnished by purchaser, and presented to and approved by the State Properties Commission, shall constitute an acceptable plat for filing. (f) That no title shall be conveyed to Chatham County and, except as herein specifically granted to Chatham County, all rights, title, and interest in and to said easement tract is reserved in the State of Georgia, which may make any use of said easement tract not inconsistent with or detrimental to the rights, privileges, and interest granted to Chatham County. (g) That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the public works placed on the easement tract should be removed or relocated in order to avoid interference with the state's use or intended use of the easement tract, Chatham County shall remove or relocate its public works at its sole cost and expense. (h) That the easement granted to Chatham County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use more accurate descriptions of the easement tract, so long as the descriptions utilized by the State Properties Commission describe the same easement tract herein granted. (i) That the consideration for such easement shall be $822.00 and the mutual benefit to the parties from the construction of the street cul-de-sac. (j) That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement tract.
ARTICLE 3
Section 3. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. That all laws or parts of laws in conflict with this resolution are repealed.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the ayes were 115, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

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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 report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 105, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

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.

The following amendment was read and adopted:

Representative Randall of the 101st moves to amend SB 317 by striking from lines 19 through 23 on page 2 the following:
"but shall attach to any other equipment belonging to the person for whom the work was done, which equipment may later come into the possession of such person, firm, or corporation for the purpose of being serviced or repaired".

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

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 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 enact the "Recall Act of 1989"; to provide for the recall of any public official who 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 and if one or more additional grounds for recall exist; to provide a short title; to provide for legislative intent; to define

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certain terms; to provide for officers subject to recall; to provide for applications for a recall petition; to provide for the time of filing the application and the contents thereof; to provide for application forms; to provide for determination of the legal sufficiency of the application; to provide for judicial review; to provide for notification of a public official named for recall; to provide for distribution of recall petition forms; to provide for the form of recall petitions; to provide for procedures with respect to recall petitions; to provide for restrictions with respect to recall petitions; to provide for determination of the legal sufficiency of a recall petition; to provide for holding of a special election when an officeholder resigns subsequent to filing of a recall petition; to provide for the holding of a recall election; to provide for filing of a subsequent recall petition against an official following a recall election or the denial of a recall petition; to provide for the manner of conducting recall elections; to provide for campaign and financial disclosure requirements; to provide for the promulgation of rules and regulations by the Secretary of State; to provide for court actions to compel election superintendents to comply with the requirements of law relating to the recall of public officials; to provide for jurisdiction and venue of actions against election superintendents; to provide for determination of eligibility to sign an application for a recall petition or a petition for recall; to prohibit certain conduct in connection with signing a recall petition or an affidavit of signature withdrawal; to provide for construction and application of the law relating to the recall of public officials; to provide for other matters relative thereto; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking in its entirety Chapter 4, relating to elections for recall of public officers, and inserting in lieu thereof a new Chapter 4 to read as follows:
"CHAPTER 4
21-4-1. This chapter shall be known and may be cited as the 'Recall Act of 1989.' 21-4-2. The General Assembly finds that the electorate of the state overwhelmingly ratified an amendment to the Constitution of Georgia at the general election in November, 1978, authorizing the General Assembly to provide by general law for uniform and exclusive procedures to recall public officials who hold elective office and to repeal all local recall laws and prohibit the future enactment of any local recall laws. In furtherance of the mandate of the electorate, by this general law the General Assembly establishes uniform and exclusive procedures relating to the recall of all state and local officials who hold elective office. 21-4-3. As used in this chapter, the term:
(1) 'Elected county school board members' and 'elected county school superintendents' shall be considered county officers.
(2) 'Elected education board members' and 'elected school superintendents' of any independent school system shall be considered municipal officers.
(3) 'Election superintendent' means: (A) In the case of any elected state officers, the Secretary of State; (B) In the case of any elected county officers, the county board of elections, if
a county has such, or the judge of the probate court, provided that, if such judge of the probate court is the officer sought to be recalled, then the election superintendent shall be the clerk of the superior court; and
(C) In the case of any elected municipal officers, the municipal clerk or municipal board of elections or municipal election superintendent if the municipality has such a board or election officer. (4) 'Elector' means any person who possesses all of the qualifications for voting now or hereafter prescribed by the laws of this state and who has registered in accordance with Chapter 2 or 3 of this title. (5) 'Electoral district' means the area in which the electors reside who are qualified to vote for any of the candidates offering for a particular office.

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(6) 'Failure to perform prescribed duties' means the willful neglect or failure by an official to perform a duty imposed by statute.
(7) 'Grounds for recall' means:
(A) That the official has, while holding public office, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her office and adversely affects the rights and interests of the public; and
(B) That the official:
(i) Has committed an act or acts of malfeasance while in office; (ii) Has violated his or her oath of office; (iii) Has committed an act of misconduct in office; or
(iv) Is guilty of a failure to perform prescribed duties. Discretionary performance of a lawful act or a prescribed duty shall not constitute a ground for recall of an elected public official.
(8) 'Misconduct in office' means an unlawful act committed willfully by an elected public official or a willful violation of the code of ethics for government service contained in Code Section 45-10-1.
(9) 'Official sponsors' or 'sponsors' means the electors who circulate or file an application for a recall petition who were registered and eligible to vote in the last general or special election for the office held by the officer sought to be recalled and who reside in the electoral district of the officer sought to be recalled.
(10) 'Elective office' means an office filled by the exercise of the franchise of vote by electors as defined in paragraph (4) of this Code Section in a general or special election as defined under the laws of this state.
21-4-4. (a) Every public official who holds elective office, either by election or by appointment, is subject to recall from office by electors who are registered and qualified to vote in the recall election and who reside in the electoral district from which candi-
dates are elected to that office: (1) In the case of a state officer whose electoral district encompasses the entire
state, the number of electors necessary to petition the recall of the officer shall be equal to at least 15 percent of the number of electors who were registered and quali-
fied to vote at the last preceding general election for any candidate offering for the office held by the officer. At least one-fifteenth of the number of electors necessary
to petition the recall of the officer must reside in each of the United States congressional districts in the state as said congressional districts may now or hereafter exist; or
(2) In the case of a state officer whose electoral district encompasses only a part
of the state or in the case of a local officer, the number of electors necessary to petition the recall of the officer shall be equal to at least 30 percent of the number of
electors registered and qualified to vote at the last preceding general election for any candidate offering for the office held by the officer.
(b) No recall petition shall demand the recall of more than one public official. (c) Every public official who holds elective office, either by election or by appoint-
ment, is subject to recall on the grounds that such public 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 if one or more additional grounds for recall exist as set forth
in subparagraph (B) of paragraph (7) of Code Section 21-4-3. 21-4-5. (a) No application for a recall petition may be filed during the first 180
days or during the last 180 days of the term of office of any public official subject to recall. No person shall be authorized to circulate, sponsor, or sign such application
unless such person is an elector or sponsor as defined in Code Section 21-4-3. (b) (1) The application shall include:
(A) The name and office of the person sought to be recalled; (B) The printed names and signatures of the official sponsors, the date signed,
residence addresses, and the name of the county of residence; (C) The designation of one of the sponsors as the petition chairperson who shall
represent the sponsors on all matters pertaining to the recall application and petition;

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(D) A statement that: _____________________ (name and office) has, while holding public office, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her office and adversely affects the rights and interests of the public and stating the appropriate ground or grounds for recall as set forth in subparagraph (B) of paragraph (7) of Code Section 21-4-3 with a brief statement of the fact or facts upon which the ground or grounds are based. Such statement shall be typed, printed, or reproduced by the election superintendent on the face of each application issued; and
(E) (i) An affidavit by the petition chairperson and the person circulating such recall application that each person sponsoring or signing such recall application is an elector of the electoral district of the officer sought to be recalled and that the fact or facts upon which the ground or grounds for recall are based are true.
(ii) The affidavit required by division (i) of this subparagraph shall be in the following form:
AFFIDAVIT OF CIRCULATOR AND PETITION CHAIRPERSON
State of Georgia County of ____
Under the penalty of a violation of Code Section 16-10-71 of the Official Code of Georgia Annotated, relating to false swearing, punishable by a fine not to exceed $1,000.00 or by imprisonment of not less than one nor more than five years, or both, we the undersigned do depose and say that each person sponsoring or signing the recall application of __________________ is an elector of the electoral district of the officer sought to be recalled and further depose and say that the fact or facts upon which the ground or grounds for recall are based are true.
(Signature of circulator)

(Residence address) (Number and street or route)

(City)

(Signature of petition chairperson)

(Residence address) (Number and street or route)

Subscribed and sworn to before me this ___________ day of __________, 19__.

(City)

Notary public ___________, Georgia My commission expires on the ___________ day of ___________, 19__.
(2) Applications shall be issued by the election superintendent who shall assign a number to each application. Such number shall appear on the face of each application.

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The election superintendent shall keep records of applications issued, including the date of issuance and number assigned.
(3) The official application forms shall be printed by the office of the Secretary of State in substantially the form prescribed in this subsection and distributed to election superintendents. (c) The number of official sponsors necessary to file an application for a recall petition must be equal in number to at least 100 electors or equal in number to at least 10 percent of the number of electors who were registered to vote at the last preceding general election for any of the candidates offering for the office held by the public official sought to be recalled, whichever is smaller.
(d) Sponsors of a recall petition, before causing the petition to be circulated, shall submit the application for the petition to the election superintendent designated in Code Section 21-4-3 and request official recall petition forms.
(e) At any time prior to the date the election superintendent receives the application for a recall petition, an elector who has signed the application as an official sponsor may request withdrawal of his or her signature from the application by executing and filing an affidavit signed and sworn to before a notary public which affirms the elector's intention to withdraw his or her signature from the application. The official affidavit of signature withdrawal shall be printed by the office of the Secretary of State and distributed to election superintendents. The form of the affidavit shall be substantially as prescribed in Code Section 21-4-9.
(f) (1) No application for a recall petition shall be accepted for verification if more than 15 days have elapsed since the application forms were issued to the sponsors.
(2) On receipt of the application, the election superintendent shall file the application and proceed to determine the legal sufficiency of the application and determine if the signers are qualified electors eligible to sign the application. The election superintendent is granted unrestricted authority to examine the registration records maintained by the board of registrars, to receive evidence and testimony, and to require the personal appearance of any person signing such application for the purpose of making such determination. If the election superintendent finds that any signer is not a qualified elector eligible to sign the application, such signature shall not be counted in determining whether the application contains a sufficient number of signatures as required by law. The nullification of a signature on an application shall not affect the validity of other signatures contained in such application. The election superintendent shall certify the legal sufficiency or insufficiency of the application for a recall petition within five days after receiving the application, excluding Saturdays, Sundays, and legal holidays; provided, however, that the judge of the superior court may, upon proper application and good cause shown, grant an additional period of time not to exceed 15 days for the election superintendent to verify the application.
(g) No application for a recall petition shall be amended, supplemented, or returned after it has been filed with the election superintendent for verification.
(h) Upon certifying the legal sufficiency of the application, the election superintendent shall immediately officially file the certification of the application, issue official recall petition forms, assign a number to the recall petition, which number shall appear on the face of each petition form, and issue that number to the sponsors. A record of each application, including the date of its receipt and the number assigned and issued to the sponsors, shall be maintained by the election superintendent.
(i) The election superintendent shall immediately notify in writing the public officer named for recall in the application that a recall petition has been officially issued for circulation.
(j) The official recall petition forms shall be printed by the office of the Secretary of State and distributed to election superintendents. The form of the petition shall be as provided in Code Section 21-4-7.
21-4-6. (a) Within four days after the date of submission of the application for a recall petition for verification, excluding Saturdays, Sundays, and legal holidays, the officer sought to be recalled may file a petition in the superior court of the county in which such officer is domiciled applying for a review of the sufficiency of the ground or

THURSDAY, MARCH 2, 1989

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grounds for the recall and the fact or facts upon which such ground or grounds are based as set forth in such recall application.
(b) The superior court having jurisdiction of a sufficiency review case governed by this Code section shall be presided over by the judge of the superior court in the judicial circuit or circuits adjoining the judicial circuit or circuits containing the county in which the petition for review is filed who has the most years of service as judge of a superior court but who resides outside of the judicial circuit containing the county in which such petition is filed.
(c) Upon the filing of a sufficiency review petition under this Code section, the clerk of the superior court having jurisdiction shall immediately notify the judge, described in subsection (b) of this Code section, of the institution of proceedings under this chapter; and, if such judge is disqualified or unable to serve, the clerk shall immediately notify the Governor of such fact; and the Governor shall appoint a disinterested judge of superior court or senior judge of superior court, residing outside of the judicial circuit containing the county in which such petition is filed, to serve in the place of such judge. Such judge or senior judge shall promptly begin presiding over such proceedings in such court and shall determine same as soon as practicable. He shall be reimbursed for his actual expenses for food and lodging and he shall receive the same mileage allowance as other state officials and employees.
(d) Such review shall be limited solely to a review of the legal sufficiency of the recall ground or grounds and fact or facts upon which such ground or grounds are based as set forth in such recall application and shall not include discovery or evidentiary hearings.
(e) If a ruling of sufficiency is rendered by such judge, then recall proceedings shall continue in the manner provided for in this chapter. If a ruling of insufficiency is rendered by such judge, then a discretionary appeal may be filed in the Supreme Court of Georgia within ten days after the date of such ruling, excluding Saturdays, Sundays, and legal holidays, and such court shall consider such appeal on an expedited basis.
21-4-7. (a) The form of the recall petition shall be substantially as follows:
RECALL PETITION

(Official application no.)

(County or city)
To (Name of election superintendent)

(Address)

(City, state, ZIP Code)
We, the electors registered to vote in the recall election herein petitioned, demand the recall of _____________________ (Name and office) on the grounds that said official has, while holding public office, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her office and adversely affects the rights and interest of the public and that said official ____________________ (State the appropriate ground or grounds for recall as set forth in subparagraph (B) of paragraph (7) of Code Section 21-4-3 and a brief statement, not to exceed five lines, of the fact or facts upon which such ground or grounds are based.).

1746 Name (Signature)

JOURNAL OF THE HOUSE,

Date of Signing

Residence Address

County of Residence

(Number and street or route)

(Printed name of elector)

(City)

(Ten lines for signatures and printed names)

(b) The following statements shall be written or printed on each petition and each signer must read, or be read, the following statements:
'(1) Any person who gives or receives money or any other thing of value for signing a recall petition or for signing an affidavit of signature withdrawal shall be guilty of a misdemeanor;
(2) If (insert appropriate number) electors sign this petition, there will be an election at which a majority of the electors voting therein will determine whether the above-named official will be removed from office.' (c) Each recall petition shall contain a statement specifically designating the name and office of the official sought to be recalled, a statement that the named official has, while holding public office, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her office and adversely affects the rights and interests of the public, a statement containing the appropriate ground or grounds for recall as set forth in subparagraph (B) of paragraph (7) of Code Section 21-4-3, and a brief statement of the fact or facts upon which such ground or grounds are based. Such statements shall be written or printed on each petition and each signer must read, or be read, such statements. 21-4-8. (a) All signers of a single recall petition shall be electors who are registered and eligible to vote in the recall election and who reside in the electoral district of the officer sought to be recalled. When a petition for the recall of a public official is circulated in more than one county, each sheet of the petition shall bear the name of the county in which it is circulated, and only electors of the designated county may sign such sheet. No recall petition shall be circulated or signed by any person in any location where alcoholic beverages are sold or served. (b) Every elector signing a recall petition shall do so in the presence of the person circulating the petition, who is to execute the affidavit of verification on the reverse side of the petition form. At the time of signing, the elector shall sign his name, and such elector or the person circulating the petition shall print the name of the elector below the elector's signature and shall print or write in the appropriate spaces following the signature the elector's residence address, giving number and street or route and city, the name of the county, and the date on which the elector signed the petition. (c) If an elector is incapable of signing his or her own name, he or she may specifically request the circulator of the petition to sign and print his or her name and complete the information required on the petition sheet to accompany the signature; provided, however, that the circulator shall also sign his or her full name beside the printed name of such elector. (d) The person before whom the electors signed the recall petition shall verify, in an affidavit subscribed and sworn to by him or her before a notary public, that each of the names on the petition form was signed in his or her presence on the date indicated and that in his or her belief each signer was an elector of the electoral district of the officer sought to be recalled. (e) The affidavit printed on the reverse side of each recall petition form shall be in the following form:

AFFIDAVIT OF CIRCULATOR

State of Georgia

THURSDAY, MARCH 2, 1989

1747

County of ____________________
Under the penalty of a violation of Code Section 16-10-71 of the Official Code of Georgia Annotated, relating to false swearing, punishable by a fine not to exceed $1,000.00 or by imprisonment of not less than one nor more than five years, or both, I do depose and say that I am an elector registered to vote in the recall election herein petitioned for and that each petitioner signed or caused to be signed the foregoing petition in my presence on the date indicated; and I believe that each signer's name and residence address are correctly stated, and that each signer is an elector of the electoral district in which such recall election will be conducted, and that each signer has read, or was read, the required statements which are also set out on each petition.
(Signature of affiant) _________________________________ (Residence address) ___________________________________
(Number and street or route)

Subscribed and sworn to before me this ___________ day of __________, 19__.

(City)

Notary public Georgia
My commission expires on the ___________ day of ___________, 19_
(f) An elector may change the way his or her signature and residence address appear on the recall petition at any time prior to the filing of the petition for verification by striking through his or her name and initialing the strike-through and re-signing the petition with his or her printed name corrected accordingly.
21-4-9. (a) At any time prior to the date an application for recall petition or a recall petition is filed for verification, an elector who has signed the application or the recall petition form may request withdrawal of his or her signature from the application or recall petition by executing and filing an affidavit, in the form prescribed by this Code section, with the election superintendent. Any signature so withdrawn shall not be counted in determining the legal sufficiency of the application or recall petition. The affidavit shall:
(1) Be signed and sworn to before a notary public; (2) State the elector's residence address, giving number and street or route and city, the name of the county of residence, and, in the case of a recall application or petition, the number of the recall application or petition which he or she signed; and (3) Affirm the elector's intention to withdraw his or her signature from the application or recall petition, (b) The affidavit shall be substantially in the following form:
AFFIDAVIT OF SIGNATURE WITHDRAWAL
State of Georgia County of
I, ____________________, (Name as it appears on the application or recall petition) being first duly sworn, say that I am an elector of the ____________________ (electoral district) in which the recall election will be conducted.
That my residence address is __________________________________

(Number and street or route)

(City)

That I signed or caused to be signed the application or the petition for the recall of ____________________ (Name and office of person sought to be recalled)

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and that the recall application or petition has been assigned number

That it is my intention by the signing and filing of this affidavit to withdraw my signature therefrom.

Subscribed and sworn to before me this ___________ day of ___________, 19__.

Signature of elector

Notary public Georgia
My commission expires on the ___________ day of ___________, 19_

21-4-10. No registration officer or other person authorized by law to register electors and no person other than an elector of the electoral district of the officer sought to be recalled shall circulate a recall application or petition. No employee of the state shall circulate a recall application or petition. All signatures obtained by any such unqualified person shall be void and shall not be counted in determining the legal sufficiency of the
petition. 21-4-11. (a) The election superintendent shall be responsible for determining the
legal sufficiency of the recall petition within 30 days after it has been filed with him or her; provided, however, that in cases where more than one recall petition is subject to review for verification, the election superintendent shall be responsible for determining the legal sufficiency of any recall petition within 45 days after it has been filed with him or her. The election superintendent or a designee is granted unrestricted authority to examine the registration records maintained by the board of registrars, to receive evidence and testimony, and to require the personal appearance of any person signing such recall petition for the purpose of determining if the signers are qualified electors eligible to sign the recall petition. If the election superintendent shall not be reasonably able to ascertain that any signature is that of a qualified elector eligible to sign the recall petition, such signature shall not be counted in determining whether the petition contains a sufficient number of signatures as required by law. The nullification of a signature on any sheet of the recall petition shall not affect the validity of other signatures contained on such sheet.
(b) A recall petition shall not be accepted for verification for: (1) Any state-wide office if more than 90 days have elapsed since the date the offi-
cial recall petition forms were issued to the sponsors; (2) Any officer holding an office other than state-wide office and for whom not less
than 5,000 signatures are required for the recall petition under paragraph (2) of subsection (a) of Code Section 21-4-4 if more than 45 days have elapsed since the date the official recall petition forms were issued to the sponsor; or
(3) Any officer holding an office other than a state-wide office and for whom less than 5,000 signatures are required under paragraph (2) of subsection (a) of Code Section 21-4-4 if more than 30 days have elapsed since the date the official recall peti-
tion forms were issued to the sponsors. (c) No recall petition shall be amended, supplemented, or returned after it has been filed with the election superintendent for verification.
(d) Within five days, excluding Saturdays, Sundays, and legal holidays, after the election superintendent has certified the legal sufficiency of a petition, he or she shall immediately notify the Governor or the appropriate official, who shall call the recall election as provided in Code Section 21-4-13.
(e) Upon certifying the legal sufficiency or insufficiency of a recall petition, the election superintendent shall immediately notify the petition chairman and the officeholder in writing of the results and officially file the certification of the petition.
21-4-12. If an officeholder resigns prior to the holding of a recall election no recall election shall be conducted.

THURSDAY, MARCH 2, 1989

1749

21-4-13. (a) Within ten days after having received certification of the sufficiency of the recall petition by the election superintendent, a recall election shall be called and published, as provided in this Code section, and shall be conducted not less than 30 days nor more than 45 days after such call; provided, however, that, if a primary or general election is to be held not less than 30 days nor more than 45 days after such call is issued, the recall election shall be conducted on that date.
(b) A recall election shall be called: (1) By the Governor, if for a state officer; (2) By the election superintendent of the county, if for a county officer; or (3) By the election superintendent of the municipality, if for a municipal officer.
(c) If a recall petition is against an officer who is directed by this Code section to call the election, it shall be called:
(1) By the Secretary of State, if for the Governor; or (2) By the clerk of the superior court, if for the judge of the probate court and such judge serves as the election superintendent of the county. (d) The official call for such election shall be published one time as follows: (1) In a newspaper of general circulation in the electoral district, if such election is for a state officer; (2) In the official organ of the county, if such election is for a county officer; or (3) In the official gazette of the municipality, if such election is for a municipal officer.
(e) It shall be the duty of the appropriate official authorized by law to conduct elections to hold and conduct the recall election and to declare and certify the results; provided, however, that if the person sought to be recalled is the official authorized by law to conduct elections, the clerk of the superior court of the county in which such recall election is to be held shall hold and conduct the recall election and declare and certify the results. The ballot for the recall election shall state the name and office of the person whose recall has been petitioned, and the ballot shall be in the form prescribed by law for state, county, or municipal officers. The ballot shall have written or printed thereon the following:

( ) YES ( ) NO

Shall (name of office holder), (name of office), be recalled and removed from public office on the grounds that said official has, while holding public office, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her office and adversely affects the rights and interests of the public and on the ground(s) that such official _____________________ (State the appropriate ground or grounds for recall as set forth in subparagraph (B) of paragraph (7) of Code Section 21-4-3.)?'

If more than one public officer is subject to a recall election in the same precinct, the election superintendent may prepare a recall ballot so as to include on a single ballot separate recall questions for each of the officers sought to be recalled.
(f) Those persons desiring to vote in favor of recall shall vote 'Yes,' and those persons desiring to vote against recall shall vote 'No.' If more than one-half of the votes cast on such question are in favor of recall, the public office in question shall immediately become vacant. Otherwise, the public official named in the recall petition shall continue in office.
(g) A special election shall be called by the appropriate state or local official to fill a vacancy created by recall. The special election shall be called within ten days after the date of the recall election and shall be conducted at least 30 days but not more than 45 days following the call. If no official is specifically designated by law or if the appropriate official has been recalled, the Governor shall issue the call for a special election to fill the vacancy created by recall. Any person who has been recalled from office under this chapter shall be eligible to offer for election to fill the vacancy created by recall.
21-4-14. (a) After a recall petition and election, no further recall petition shall be filed against the same officer until at least six months have elapsed from the date of

1750

JOURNAL OF THE HOUSE,

the previous recall election; and any other recall petitions against that officer outstanding on the date of the recall election shall be void.
(b) If the election superintendent finds that a recall petition is insufficient and fails to verify the same, no further application for a recall petition shall be filed against the same officer until at least six months have elapsed from the date of the denial of such recall petition; provided, however, that such finding of insufficiency shall not bar the verification of any other recall petition against that officer which is available for signature or pending verification at the time of such finding of insufficiency.
21-4-15. The powers, duties, and penalties conferred or imposed by law upon public officials who conduct special elections are conferred and imposed upon public officials conducting recall elections. All such elections shall be conducted in the same manner as special elections and in accordance with Chapters 2 and 3 of this title.
21-4-16. Any person sponsoring or opposing a recall petition under this chapter shall be subject to Chapter 5 of this title, the 'Ethics in Government Act,' in the same manner as candidates; and the petition chairperson shall file the reports required to be filed under said chapter and shall be subject to the same restrictions, qualifications, and provisions contained in such chapter.
21-4-17. The Secretary of State is authorized to promulgate such rules and regulations as are necessary to carry out this chapter.
21-4-18. (a) If the election superintendent fails to comply with this chapter, any elector may apply, within ten days after such refusal, to the superior court for a writ of mandamus to compel the election superintendent to perform his or her official duties. If the court finds that the election superintendent has not complied with this chapter, the court shall issue an order for the election superintendent to comply.
(b) An action against an election superintendent shall be filed in the superior court of the county of such election superintendent, except that an action against the Secretary of State shall be filed in the Superior Court of Fulton County.
21-4-19. An elector's eligibility to sign an application for a recall petition or a petition for recall shall be determined as of the date immediately preceding the date the application or petition is signed by that elector.
21-4-20. (a) Any person who gives or receives money or any other thing of value for signing a recall application or petition or for signing an affidavit of signature withdrawal shall be guilty of a misdemeanor.
(b) A person who, by menace or threat either directly or indirectly, induces or compels or attempts to induce or compel any other person to sign or subscribe or to refrain from signing or subscribing that person's name to a recall application or petition or, after signing or subscribing that person's name, to have that person's name taken therefrom shall be guilty of a misdemeanor.
(c) A person who signs any name other than his or her own to a recall application or petition, except in a circumstance where he or she signs for a person in the presence of and at the specific request of such person who is incapable of signing that person's own name, or who knowingly signs his or her name more than once for the same recall application or petition or who knowingly is not at the time of signing a qualified elector of the electoral district of the officer sought to be recalled shall be guilty of a misdemeanor.
21-4-21. This chapter is supplementary to any other methods provided by general law for removing a public official from office; and nothing in this chapter shall be construed as abridging or repealing such laws."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to every public official who holds elective office on or after the effective date of this Act and shall be applicable to the acts or omissions to act of such public officials which occur on or after the effective date of this Act.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

THURSDAY, MARCH 2, 1989

1751

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
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 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 N 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 N 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
Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey
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 Padgett Y Pannell Y Parham Y Parrish Y Patten
Y Pettit Pinks ton
NPoag Y Porter Y Poston
Y Powell Y Rainey YRandall Y Ransom
YRay Y Reaves Y Redding
Richardson Ricketson Y Robinson Y Royal Y Selman Y Simpson

Y Sinkfield Y Smith.L Y Smith,? Y Smith.T Y Smith.W
YSmyre YSnow Y Stancil.F Y Stancil.S
Y Stanley Steele 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
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, by substitute, the ayes were 152, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Steele of the 97th, Stephens of the 68th and Tolbert of the 58th 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.

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.

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

1752

JOURNAL OF THE HOUSE,

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 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
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 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 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 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
Orrock 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 Y Walker.C
Walker.L
Y Wall Ware
Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,,)
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 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.

The report of the Committee, which was favorable to the passage of 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
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
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 Banner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Holmes Y Hooks
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 Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald
Y McKelvey McKinney.B
Y McKinney.C Y Meadows

THURSDAY, MARCH 2, 1989

1753

Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M
Y Orr Orrock Padgett
Y Pannell Y Parham

Y Parrish Y Patten Y Pettit Y Pinkston Y Poag Y Porter Y Poston Y Powell Y Rainey
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,?
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 Ttmrmond
Y Titus Y Tolbert Y Tovrasend 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 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.

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.

The following Committee substitute was read and adopted:

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; 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, as listed on the policy application or provided in information subsequent to such application, of each

1754

JOURNAL OF THE HOUSE,

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 such drivers: (1) Have committed no traffic offenses for the prior three years; (2) Complete a course in defensive driving of not less than six hours from a driver
improvement clinic approved by and 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 such 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:

V Aaron V Abernathy V 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
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
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
YDobbs 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 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
Oliver.C Y Oliver.M YOrr
Orrock 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
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 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, by substitute, the ayes were 162, nays 0.

THURSDAY, MARCH 2, 1989

1755

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

By unanimous consent, SB 49, by substitute, was ordered immediately transmitted to the Senate.

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

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

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.

The President has appointed on the part of the Senate the following: Senators Allgood of the 22nd, Starr of the 44th and Kennedy of the 4th.

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

SB 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.

The report of the Committee, which was favorable to the passage of 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 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
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 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 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
Y Meadows

1756

JOURNAL OF THE HOUSE,

Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M Y Orr
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
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 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
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.

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

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.
Representative Patten of the 149th moved that the House insist on its position in amending SB 84.
The motion prevailed.

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

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.

The following Senate substitute was read:

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

THURSDAY, MARCH 2, 1989

1757

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, who has held a professional certificate in another state, 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.

Representative Smith of the 156th moved that the House disagree to the Senate substitute to HB 375.
The motion prevailed.

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

Mr. Speaker:

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

SB 26 Do Pass, by Substitute SB 188 Do Pass, by Substitute SB 251 Do Pass, by Substitute

SB 270 Do Pass, by Substitute SB 321 Do Pass

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

The following minority report was received and read:

MINORITY REPORT

The following minority report is filed with respect to SB 26. The undersigned would report the same "DO NOT PASS" because the imposition of a penalty on traffic cases is not reasonable in that traffic violators do not create the condition which gave rise to the bill.

/s/ Denmark Groover, Jr. - 99th Baker - 51st
/s/ Max Davis - 45th

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

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JOURNAL OF THE HOUSE,

Mr. Speaker:

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

SR 54 Do Pass, by Substitute SR 154 Do Pass SR 164 Do Pass

SR 171 Do Pass SR 175 Do Pass, by Substitute

Respectfully submitted, 1st Colwell of the 4th
Chairman

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

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

HR 395. By Representative Murphy of the 18th A resolution relative to adjournment.

The following Resolutions of the House were read and adopted:

HR 403. By Representatives Barfoot of the 120th, Walker of the 115th, Murphy of the 18th, Clark of the 13th, Yeargin of the 14th and others:
A resolution wishing a speedy recovery to Edward C. Moses.

HR 404. By Representatives Byrd of the 153rd and Moody of the 153rd:
A resolution congratulating J. P. and Montene Morris on the occasion of their fiftieth wedding anniversary.

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 904 through 919, who have registered in the Docket of Legislative Appearance as of February 24, 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 24th 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

THURSDAY, MARCH 2, 1989

1759

904. Audrey W. Knight Ga. Eagle Forum-Newnan Ch. 909 Brimer Road Newnan, Georgia 30263

905. Jim McDuffie Cobb Co. Tax Com. Office 185 Washington Avenue Marietta, Georgia 30090-9660

906. B. Gail Downing Cobb Co. Tax Com. Office 185 Washington Avenue Marietta, Georgia 30090-9660

907. Sharon Aikens Mack Mr. Money Check Casher 59 E. Derenne Avenue Savannah, Georgia 31405

908. Pat Stevenson Ga. Checkcashers Assoc. P.S. Media 46 West Broad Street Savannah, Georgia 31401

909. Thomas J. Harrold, Jr. NE Ga. Surface & Air Trans. Com. Motion Picture Assoc. of Am., Inc. SE Intern'1. Bankers Assoc. 1409 Peachtree Street, N.E. Atlanta, Georgia 30309

910. Douglas C. Schradr Inland Steel Industries J.M. Tull 30 W. Monroe Chicago, IL 60603

911.

VOID

912. Robert L. Steed Federated, Inc. 2500 Trust Company Bank Atlanta, Georgia 30303
913. Larry Baumwald Agents Action Committee, Inc. Nationwide Ins. Independent Contractors Association 260 N. Milledge Avenue Athens, Georgia 30603
914. Diane Farrell Recreation Veh. Industry Assn. Post Office Box 2999 Reston, VA 22090
915. John C. Miller National Advertising Co. 1855 Oak Lake Drive Clearwater, FL 34624
916. Dr. Carlton Deese Georgia Chiropractic Assn. 200 Valley Hill Road Riverdale, Georgia 30274
917. Don Floyd Ga. Assoc. of Prof. Bondsmen 270 Pryor Street, SW Atlanta, Georgia 30303
918. Joe Mack Wilson Thompson Real Estate Dev., Ltd. Post Office Box 1266 Marietta, Georgia 30061
919. Everett "Larry" Mclntyre Towing Recovery Assoc. of Ga. 1471 Gresham Road Marietta, Georgia 30062

Pursuant to HR 395, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, March 6, 1989.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, March 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.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by Dr. Robert L. Taylor, Pastor, Liberty United Methodist Church, Augusta, Georgia.
Representative Balkcom of the 140th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:
HB 1049. By Representative Jackson of the 83rd: 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 state and private remedies against new motor vehicle manufacturers for persons injured by new motor vehicles failing to conform to express warranties.
Referred to the Committee on Motor Vehicles.
HB 1050. By Representative Oliver of the 53rd: A bill to amend Chapter 1 of Title 22 of the Official Code of Georgia Annotated, relating to general provisions of eminent domain, so as to provide that after condemnation, the condemning body shall maintain the condemned property free of garbage, trash, and waste materials.
Referred to the Committee on Judiciary.

MONDAY, MARCH 6, 1989

1761

HB 1051. By Representatives Cummings of the 17th, Benefield of the 72nd, Robinson of the 96th, Hamilton of the 124th and Moore of the 139th:
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.

HB 1052. By Representatives Orrock of the 30th and Martin of the 26th:
A bill to amend Article 8 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation for occupational disease, so as to repeal the reduction of compensation for occupational disease when death or disability results in part from the occupational disease and in part from some other condition not otherwise compensable.
Referred to the Committee on Industrial Relations.

HB 1053. By Representatives Redding of the 50th, Wilder of the 21st, Davis of the 29th, Randall of the 101st and Clark of the 55th:
A bill to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for certain actions relating to agency rules, so as to provide for the applicability of those requirements to certain rules of the Department of Medical Assistance.
Referred to the Committee on Health & Ecology.

HB 1054. By Representative Stephens of the 68th:
A bill to amend Code Section 20-2-211 of the Official Code of Georgia Annotated, relating to the annual contract of a teacher or other certificated professional employee, so as to provide for the level of compensation of a teacher or certificated professional employee whose employment is continued under certain circumstances.
Referred to the Committee on Education.

HB 1055. By Representatives Thomas of the 69th, Pannell of the 122nd, Stephens of the 68th and Thurmond of the 67th:
A bill to amend Code Section 9-11-30 of the Official Code of Georgia Annotated, relating to depositions upon oral examination, so as to allow the videotaping of depositions without a court order.
Referred to the Committee on Judiciary.

HB 1056. By Representatives Foster of the 6th, Griffin of the 6th and Poag of the 3rd:
A bill to amend an Act incorporating the City of Dalton, so as to provide for hearings and investigations by the governing body of the City of Dalton and the City of Dalton Public Safety Commission.
Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE,

HB 1057. 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 method of selection of the members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1058. By Representative Greene of the 130th:
A bill to amend an Act providing a new charter for the City of Cuthbert, 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.

HB 1059. By Representatives Stephens of the 68th, Irwin of the 13th, Thurmond of the 67th and Clark of the 13th:
A bill to amend an Act to create the Classic Center Authority for Clarke County, so as to change certain provisions relative to the membership of the authority.
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 1060. By Representatives Walker of the 115th, Watson of the 114th and Waddle of the 113th:
A bill to repeal an Act providing for the registration and licensing of vehicles in Houston County during designated registration periods.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1061. By Representatives Watson of the 114th, Walker of the 115th and Waddle of the 113th:
A bill to authorize the board of commissioners of Houston County to supplement the salaries of the state probation officers and other probation personnel of the Houston Judicial Circuit.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1062. By Representatives Goodwin of the 63rd and Breedlove of the 60th:
A bill to amend an Act creating a new charter for the City of Norcross, so as to provide for staggered terms of office for members of the city council.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1063. By Representative Ray of the 98th:
A bill to amend an Act creating the board of commissioners for Peach County, so as to change the compensation of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, MARCH 6, 1989

1763

HB 1064. By Representatives Barnett of the 59th, Breedlove of the 60th, Bannister of the 62nd, Wall of the 61st and Mobley of the 64th:
A bill to amend an Act creating the Recorder's Court of Gwinnett County, so as to change the compensation of the judges of the recorder's court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1065. By Representatives Barnett of the 59th, Breedlove of the 60th, Bannister of the 62nd, Wall of the 61st and Mobley of the 64th:
A bill to amend an Act to continue and re-create the State Court of Gwinnett County, so as to change the compensation of the judges of the state court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1066. By Representatives Barnett of the 59th, Breedlove of the 60th, Bannister of the 62nd, Wall of the 61st and Mobley of the 64th:
A bill to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, so as to change the provisions relating to the supplement of the salary of each of the judges of the Superior Court of the Gwinnett Judicial Circuit.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1067. By Representatives Barnett of the 59th, Bannister of the 62nd, Breedlove of the 60th, Wall of the 61st and Mobley of the 64th:
A bill to provide for the compensation of the judge of the Juvenile Court of Gwinnett County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1068. By Representatives Barnett of the 59th, Bannister of the 62nd, Breedlove of the 60th, Wall of the 61st, Lawson of the 9th and others:
A bill to repeal an Act providing that the governing authority of Gwinnett County shall determine and establish the total annual compensation to be paid to the judge of the probate court, the clerk of the superior court, the sheriff, and the tax commissioner of Gwinnett County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1069. By Representatives Foster of the 6th, Thompson of the 20th and Griffin of the 6th:
A bill to amend Article 1 of Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to the creation and nature of an agency relationship, so as to provide that in circumstances where a person is being charged for professional services, the agent rendering the service must be in the profession of his principal no less than 70 percent of the time.
Referred to the Committee on Judiciary.

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JOURNAL OF THE HOUSE,

HB 1070. By Representative Foster of the 6th:
A bill to amend Code Section 43-9-16 of the Official Code of Georgia Annotated, relating to the scope of practice of chiropractors, so as to provide that a person who practices or offers to practice chiropractic for compensation must bring a reasonable degree of care and skill to the exercise of that person's profession.
Referred to the Committee on Health & Ecology.

HB 1071. By Representative Parham of the 105th:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the establishment of a health insurance plan by the State Personnel Board, so as to provide that for each claim for benefits paid by the State Personnel Board the covered employee shall receive an itemized statement containing certain information.
Referred to the Committee on Health & Ecology.

HB 1072. By Representative Parham of the 105th:
A bill to amend Code Section 45-18-2 of the Official Code of Georgia Annotated, relating to the establishment of a health insurance plan by the State Personnel Board, so as to provide that the coverage of the health insurance plan shall include certain drugs, medicine, or other items.
Referred to the Committee on Health & Ecology.

HB 1073. By Representatives Watson of the 114th, Walker of the 115th and Waddle of the 113th:
A bill to amend an Act creating a board of commissioners of Houston County, so as to provide for the chairman of the board of commissioners to be elected from the county at large; to provide that the office of chairman of the board shall be a full-time position.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1074. By Representatives Watson of the 114th, Walker of the 115th and Waddle of the 113th:
A bill to amend an Act creating a board of commissioners of Houston County, so as to change the provisions relating to the election of the board of commissioners; to provide for members to be elected from commissioner districts and three members to be elected only by voters of their respective commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1075. By Representatives Padgett of the 86th, Connell of the 87th, Walker of the 85th and Cheeks of the 89th:
A bill 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 CommissionCouncil and the members of the board of commissioners as commissionerscouncilpersons, so as to change the title of the chairman and chairman-mayor; to increase the board of commissioners to 16 members.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, MARCH 6, 1989

1765

HB 1076. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to establish the "Clayton County Commission on Children and Youth" congruent and compatible with Chapter 5 of Title 49 of the Official Code of Georgia Annotated, which establishes and implements a state-wide Commission on Children and Youth.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 405. By Representatives Goodwin of the 63rd, Mobley of the 64th, Breedlove of the 60th, Lawson of the 9th, Wall of the 61st and others:
A resolution creating the Gwinnett County Government Study Commission.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 406. By Representatives Walker of the 85th, Ransom of the 90th, Brown of the 88th, Padgett of the 86th, Cheeks of the 89th and others:
A resolution creating the Augusta-Richmond County Commission on Disadvantaged Youth.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 407. By Representatives Steele of the 97th, Heard of the 43rd and Foster of the 6th:
A resolution creating the House Truck Safety Study Committee.
Referred to the Committee on Rules.

HR 416. By Representatives Johnson of the 123rd, Mueller of the 126th, Kingston of the 125th, Hamilton of the 124th and Pannell of the 122nd:
A resolution creating the House Savannah-Chatham County Anti-Drug Commission Study Committee.
Referred to the Committee on State Planning & Community Affairs - Local.

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

HB 1036 HB 1037 HB 1038 HB 1039 HB 1040 HB 1041 HB 1042 HB 1043 HB 1044

HB 1045 HB 1046 HB 1047 HB 1048 HR 396 SB 385 SB 387 SB 388 SB 390

Representative Patten of the 149th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:

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JOURNAL OF THE HOUSE,

Your Committee on Natural Resources and Environment has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 1 Do Pass, by Substitute
Respectfully submitted, /s/ Patten of the 149th
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 847 Do Pass, by Substitute HB 849 Do Pass, by Substitute HB 991 Do Pass HB 995 Do Pass HB 996 Do Pass HB 1002 Do Pass HB 1026 Do Pass HB 1029 Do Pass

HB 1030 Do Pass HB 1032 Do Pass, by Substitute HB 1033 Do Pass HB 1034 Do Pass, by Substitute SB 202 Do Pass, by Substitute SB 377 Do Pass SB 379 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, MARCH 6, 1989
Mr. Speaker and Members of the House:
The House Committee on Rules has fixed the calendar for this 36th Legislative Day as enumerated below:

SB 26 Jail Construction and Staffing Act: Enact SB 63 Child Support Payments: Amend Collection Provisions SB 127 Motor Vehicle Insurance: Adverse Underwriting Decision SB 139 Magistrate Courts: Extradition: Jurisdiction SB 140 Utility Contractors: Licensing SB 165 Election Code: Amend SB 198 Auctioneers: Qualifications SB 225 Livestock: Disposal Plants, Etc.: Licensing and Inspection SB 230 Architecture: Amend Provisions SB 233 Insurers: Merger: Financial Statements: Filing Requirements SB 257 Ga. Corr. Ind. Admn.: Capital Projects: Powers SB 260 Department of Public Safety: Deputy Commissioner: Abolish Position SB 267 Georgia Health Insurance Pool: Provisions SB 270 Open Meetings, Notices: Public Records, Definitions
SR 54 Baldwin County: Convey Property

MONDAY, MARCH 6, 1989

1767

SR 92 Joint Study Committee on Public School Freedom of Choice: Create SR 99 Joint Georgia Military College Study Committee: Create SR 154 Taliaferro County: Grant Easement SR 164 Douglas County: Convey Property to U.S. Army Corp. of Engineers SR 171 Chatham County: Exchange of Public Property SR 175 Sumter County: Convey Property
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 72nd
Chairman

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

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

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.

The following Committee substitute was read and adopted:

A BILL
To amend an Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4561) and an Act approved March 28, 1986 (Ga. L. 1986, p. 5068), so as to provide for certain qualifications of the mayor and councilmen; to change the salary of the mayor pro tem; to change certain provisions relating to the appointment and removal of certain employees of the municipal court; to provide that two nonresidents shall be appointed to the city board of lights and waterworks; to provide that the probation office shall be under the supervision of the judge of the municipal court; to provide that the probation office may collect from probationers a probation fee; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4561) and an Act approved March 28, 1986 (Ga. L. 1986, p. 5068), is amended by striking in its entirety Section 2.3 and inserting in lieu thereof a new Section 2.3 to read as follows:
"Section 2.3. Qualifications of mayor and councilmen. To be eligible for the office of mayor or councilman, elected or appointed, a person shall be at least 21 years of age and shall meet the requirements of a qualified voter of the city, as prescribed by state law, shall not be ineligible for public office pursuant to Code Section 45-2-1 of the O.C.G.A., and, if a councilman, shall be a bona fide resident of the ward from which he seeks election for the same period of time required by Code Section 45-2-1 of the O.C.G.A. for residency of municipal officers within the city. The mayor and each councilman shall continue to reside within the city or ward from which elected, respectively, during their terms of office. No person shall be eligible to be mayor or councilman who shall have been convicted of a crime involving moral turpitude, unless such person's civil rights have been restored."

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Section 2. Said Act is further amended by striking in its entirety Section 2.7 and inserting in lieu thereof a new Section 2.7 to read as follows:
"Section 2.7. Mayor pro tem; presiding officer. The mayor pro tem shall be appointed at the January meeting of each year for a term of one year from the councilmen by the mayor with the consent of a majority of the council. The mayor pro tem shall be clothed with all rights, powers, and duties of the mayor during the absence or disability of the latter officer. If there shall be a vacancy in the office of the mayor pro tem, the mayor, with the consent of the majority of the council, may fill the same at any regular meeting of the council or in vacation. In the event of the death or resignation of the mayor or his removal from office, the mayor pro tem shall discharge the duties of the mayor until the vacancy is filled by the selection of a successor as hereinafter provided. If the mayor should not appoint, with the consent of council, a mayor pro tem by January 31 of each year, the council may select the mayor pro tem by majority vote of the council. The mayor pro tem shall be paid in addition to his council salary a salary of $100.00 per month."
Section 3. Said Act is further amended by striking in its entirety subsection (c) of Section 4.11 and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) A municipal court clerk may be appointed to serve at the pleasure of the mayor and upon concurrence of the mayor and a majority of the city council, and such municipal court clerk is subject to removal upon the concurrence of the mayor and a majority of council. The duties of said municipal court clerk shall be provided for by ordinance. The compensation of such clerk shall be fixed by ordinance."
Section 4. SaiH Art is further amended by striking in its entirety Section 5.1 and inserting in lieu thereof a new Section 5.1 to read as follows:
"Section 5.1. Created; membership, terms; etc. The board of lights and waterworks, hereinafter referred to as 'board' is declared and created a body corporate, with all the powers incident to and necessary to its duties and which has the right to sue and be sued and power to make all contracts and obligations necessary to the duties that devolve upon it and which shall consist of the mayor of the city and a member of the council of the City of Marietta who shall be appointed by the mayor, with the consent of the majority of council, each January to be effective on the first Monday in January following such appointment for a one-year term, three residents of the City of Marietta, and two nonresidents of the City of Marietta who have been recipients of services from the board of lights and waterworks for at least one and one-half years. If the mayor should not appoint, with the consent of council, a member of council by January 31 of each year, the councilmen may select the council appointment from the council by majority vote. The clerk of the city council shall be ex officio clerk of the board of lights and waterworks, but shall not be a member of the board and shall have such duties as said board may impose upon him, and he shall be allowed such compensation as said board of lights and waterworks may fix previous to entering upon his duties. The resident and nonresident members of the board shall be elected by a majority vote of the council and shall serve for a term of four years, and at the end of said time, or sooner if there should be a vacancy in any one of said places, their successors shall be elected by the council for the unexpired term. The members of the board shall be paid such compensation as is set by the council."
Section 5. Said Act is further amended by striking in its entirety Section 6.8 and inserting in lieu thereof a new Section 6.8 to read as follows:
"Section 6.8. Probation office. There is created a probation office which shall be under the supervision of the judge of the municipal court. The probation office shall have the duty of supervising persons convicted in the municipal court when so directed by the judge of the municipal court. The probation office shall have such other duties as may be given to it by the judge of the municipal court or by ordinance. All matters relating to the operation of the probation office shall be as directed by ordinance. The probation office may collect a monthly probation fee from any individual on probation as is set by the judge of the municipal court not to exceed $10.00."

MONDAY, MARCH 6, 1989

1769

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

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.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating a system of public schools for the City of Marietta, approved December 29, 1890 (Ga. L. 1890-91, Vol. II, p. 1014), as amended, particularly by an Act approved April 4, 1967 (Ga. L. 1967, p. 2590) and an Act approved April 12, 1982 (Ga. L. 1982, p. 4558), 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a system of public schools for the City of Marietta, approved December 29, 1890 (Ga. L. 1890-91, Vol. II, p. 1014), as amended, particularly by an Act approved April 4, 1967 (Ga. L. 1967, p. 2590) and an Act approved April 12, 1982 (Ga. L. 1982, p. 4558), is amended by striking in its entirety Section 2 and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. (a) If two-thirds of the voters of said city entitled to vote in said election shall cast their ballots for public schools and for bonds at said election, then the mayor and council of said city shall, at their regular meeting thereafter, elect six residents who shall compose a board of education for said city.
(b) The board of education of the City of Marietta shall consist of six members who shall be chosen as follows: two members shall be chosen by the city council at its first regular meeting in May, 1967, whose terms will begin June 1, 1967, and expire December 31, 1969. Thereafter, beginning in 1968, council will, at the first regularly scheduled meeting in September, 1968, and each first regular meeting in September each year thereafter, cause an advertisement to be prepared and inserted in a newspaper of general circulation in the City of Marietta, which advertisement will announce that the city council will select two persons at its first regularly scheduled meeting in January to serve for three years on the city school board. Said interested persons shall contact the school superintendent for an explanation of the qualifications, duties, and responsibilities of prospective members as defined from time to time by the city council. At the first regularly scheduled meeting in January, the city council shall elect two persons for a term which shall begin the first Monday in January immediately following said meeting and shall continue for a period of three years or until their successors are chosen.
(c) All members of the board of education must have at least a high school education, and hold no other appointed or elected position of the City of Marietta or the city school system; provided, however, that the qualifications to be eligible for office will not apply to any person who was a member of the board of education on December 31, 1966, during either their present terms or any further continuous terms they may be

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elected to. The members of said board shall be residents of said city and after the first election their terms shall begin and expire with the calendar year. The members of said board shall subscribe an oath on the minutes of the council to discharge faithfully the duties of their office to the best of their ability.
(d) When any vacancy shall occur in said board from death, resignation, or otherwise, the unexpired term may be filled by the council at any regular meeting thereafter.
(e) Any member of the board of education may be removed for cause at any time by a two-thirds' vote of the city council and a two-thirds' vote of the board of education. Such removal may be voted on only at regular meetings of the board of education and the city council."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

HB 991. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A bill to provide a short title; to provide for definitions; to authorize the creation and funding of an enhanced emergency telephone number 911 system special district within the corporate boundaries of Lowndes County; to provide for the district's governing authority; to provide for the collection of service charges.

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

HB 995. By Representative Ray of the 98th:
A bill to grant to the Probate Court of Peach County jurisdiction to try and dispose of cases where a person is charged with the possession of one ounce or less of marijuana 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 996. By Representative Ray of the 98th:
A bill to amend an Act establishing the City of Byron, so as to change the provisions relating to the clerk, treasurer, and marshal 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.

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

HB 1002.

By Representatives Snow of the 1st, McCoy of the 1st and Crawford of the 5th:
A bill to amend an Act creating the Lookout Mountain Judicial Circuit, so as to authorize the governing authority of each county comprising the Lookout Mountain Judicial Circuit to continue to supplement the state paid compensation of probation 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 1026.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act changing the composition of and manner of selection of the members of the Board of Education of Clayton County, so as to change the composition of the board of education; to change the education districts; to provide for the nomination and election of members of the board of education from separate education districts in nonpartisan primaries and elections.

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

HB 1029.

By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend an Act placing the clerk of the Superior Court of Carroll County on an annual salary, so as to change the compensation of the clerk of the Superior Court of Carroll County.

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

HB 1030.

By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend an Act creating the State Court of Carroll 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 ayes were 110, nays 0.

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

HB 1032.

By Representative Smith of the 152nd:
A bill to amend an Act creating a board of commissioners of Bacon County, so as to provide that the compensation of the chairman of the board of commissioners shall be the average of the compensation of the constitutional officers of Bacon County.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating a board of commissioners of Bacon County, approved April 2, 1963 (Ga. L. 1963, p. 2665), as amended, particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5118), so as to provide that the compensation of the chairman of the board of commissioners shall be the average of the compensation of the constitutional officers of Bacon County; to provide that the board members shall be authorized to receive a per diem allowance not to exceed the per diem allowance of members of the General Assembly; to provide that if the chairman dies, resigns, or is removed from office, the vice chairman shall assume the duties of the chairman and shall receive the same salary as provided for the chairman for the remainder of the term; to provide that in such case, the board may remove the vice chairman exercising the chairman's duties and call for a special election; to provide that the vice chairman shall receive a per diem for every day that said vice chairman performs the duties of the chairman; to remove the requirement that no relatives of a county commissioner may be employed by said commissioners; to provide that a majority vote of those voting shall be required in certain votes; to provide that the board may provide for bids and notice of such bids; to repeal a certain provision; 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. An Act creating a board of commissioners of Bacon County, approved April 2, 1963 (Ga. L. 1963, p. 2665), as amended, particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5118), is amended by striking Section 5 of said Act in its entirety and inserting in lieu thereof a new Section 5 to read as follows:
"Section 5. Compensation. The compensation of the chairman of the board shall be the average of the compensation of the constitutional officers of Bacon County, the exact amount to be determined by the Board of Commissioners of Bacon County, to be paid in equal monthly installments out of the funds of Bacon County. The compensation of each of the other members of said board, other than the chairman, shall be not less than $1,200.00 nor more than $1,800.00 per annum, to be determined by the Board of Commissioners of Bacon County, to be paid in equal monthly installments out of the funds of Bacon County. In addition to the compensation provided for above, the board may provide each member an additional amount not to exceed $25.00 per meeting for each extra session or special meeting called in addition to regular meetings. The board may provide that the chairman and the other members of the board be reimbursed, at a rate not to exceed that provided for members of the General Assembly, for mileage to and from their homes to the county courthouse to attend regular and special meetings of the board and for any other travel in the general performance of their duties as members of the board of commissioners. The chairman and the other members of the board shall be entitled to reimbursement from the county for actual expenses incurred by them while engaged in county business. In addition to travel and actual expenses, the board shall authorize a per diem allowance, not to exceed in amount the per diem allowance provided for members of the General Assembly, to any board member when such board member is required to travel outside the county in the pursuance of county business."

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Section 2. Said Act is further amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows:
"Section 7. (a) At their first regular meeting in January, 1985, and at the first regular meeting in each year thereafter, the board of commissioners shall by majority vote elect one of their number as vice chairman. The vice chairman shall serve at the pleasure of a majority of the members of the board and may be removed at any time without notice, cause, or hearing. If the chairman dies, resigns, or is removed from office, the vice chairman shall assume the duties of the chairman and shall receive the same salary as provided for the chairman for the remainder of the term; provided, however, the board may remove the vice chairman exercising the chairman's duties and call for a special election to fill the vacancy in the chairman's post for the remainder of the unexpired term.
(b) It shall be the duty of the chairman to act as presiding officer at all meetings of the board of commissioners, and he shall be recognized as the ceremonial head of the county government but shall have no other administrative duties except as herein provided or such as may be delegated to him by the board of commissioners. In the event of the temporary absence, disqualification, or disability of the chairman, the vice chairman shall assume the duties of chairman and shall receive a per diem allowance, not less than the amount of the per diem allowance provided for members of the General Assembly, for every day that said vice chairman performs the duties of the chairman. It shall be the duty of the chairman to preserve order and decorum at all meetings of the board, to state every question coming before the board, to announce the decision of the board on all subjects and decide all questions of order, subject, however, to an appeal to the board, in which event a majority vote of the board shall govern and conclusively determine such question of order. The chairman shall not have the right to vote on any matters coming before the board except in the case of a tie vote. All six commissioners shall be bonded in the amount of $10,000.00 by a good and solvent bonding company authorized to do business in the State of Georgia, said bond to be approved by the judge of the probate court, payable to the judge of the probate court and his successors in the office, for the use of Bacon County, conditioned upon the faithful performance of their duties. The costs of said bonds shall be paid from the general funds of Bacon County."
Section 3. Said Act is further amended by striking Section 12 in its entirety and inserting in lieu thereof a new Section 12 to read as follows:
"Section 12. It shall be the duty of the board of commissioners, not later than January 31, 1965, and at the first regular meeting in each year thereafter, to appoint a clerk of the board of commissioners. The board shall also have the power and authority to appoint an assistant clerk if it deems the same necessary. The salary of the clerk and assistant clerk shall be fixed by the board of commissioners, and they shall serve at the pleasure of a majority of the board and may be removed at any time without notice, statement, or proof of cause. No member of the board of commissioners shall be eligible to hold the office of clerk during his continuance in office nor within 12 months after the expiration of the term nor within 12 months after resignation or removal from the office of commissioner."
Section 4. Said Act is further amended by striking Section 19 in its entirety and inserting in lieu thereof a new Section 19 to read as follows:
"Section 19. The board of commissioners of Bacon County shall have the power to appoint and remove all county employees, to set all salaries, and to adopt reasonable rules and regulations for the various departments of the county. All employees employed by said board shall be of the highest moral integrity possible and shall be citizens of the United States who have paid their taxes to date and who are the best qualified and experienced people that said board can employ in the field of endeavor for which the employees are being employed."
Section 5. Said Act is further amended by striking Sections 31, 32, and 33 in their entirety and inserting in lieu thereof new Sections 31, 32, and 33 to read as follows:

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"Section 31. The board of commissioners of Bacon County shall be prohibited from doing any subcontracting whatsoever except by a majority vote of the members of said board voting.
Section 32. No county contracts may be entered into by the board of commissioners of Bacon County except by a majority vote of the members of said board voting.
Section 33. Payments made in securing the rights of way for roads shall be made through condemnation; provided, however, the board of commissioners of Bacon County may make a voluntary payment or negotiate payment to a land owner by majority vote of the members of said board voting."
Section 6. Said Act is further amended by striking Sections 37, 38, and 39 in their entirety and inserting in lieu thereof new Sections 37, 38, and 39 to read as follows:
"Section 37. Whenever it becomes necessary to build or repair any courthouse, jail, bridge, causeway, or other public works in Bacon County, the board of commissioners of Bacon County may cause the same to be built or repaired by letting out the contract therefor to the lowest bidder, at public outcry before the courthouse door, after being advertised for letting of said contracts as provided for in Section 38 of this Act; provided, however, that said board shall have authority to reject any and all bids at such public letting and, if in its discretion the public interest and economy require it, said board may build or repair any public buildings, bridges, causeways, or other public property in said county by contract or sealed proposals.
Section 38. The board of commissioners of Bacon County may give notice of the contract to be let in the official organ of said county once a week for four weeks and by posting a written notice at the courthouse door for a like time, which notice and advertisement shall embrace such details and specifications as will enable the public to know the extent and character of the work to be done and the terms and time of payment. The clerk may make out and post conspicuously in the office of said board complete minute specifications of the proposed public work, which shall be open to the inspection of the public.
Section 39. Contractors who are awarded contracts shall be required to give bond in double the amount of the bid, with two good and solvent securities, for the faithful performance of the contract and to indemnify the county for any damages occasioned by a failure to perform the same within the prescribed time. The requirements of Sections 37 and 38 of this Act shall not apply to the building or repairing of any public bridge, building, or other work when the same can be done at less cost than $300.00, but the board of commissioners of Bacon County may have such work done by hiring hands and furnishing materials; provided, however, that the board of commissioners shall have the power and authority to purchase material for, and use convicts in, building or repairing any public building, bridge, causeway, or other public works in such county and, in such case, Sections 37 and 38 of this Act shall not apply. Where such material is purchased and such work is done by convicts or labor so furnished, the board of commissioners of Bacon County may use the funds of said county arising from taxes levied for such purposes in purchasing said material and in supporting and maintaining the convicts while said work is being done."
Section 7. Said Act is further amended by striking Section 47 in its entirety and inserting in lieu thereof the following:
"Section 47. Reserved."
Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

The 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.

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

HB 1034. By Representative Smith of the 152nd:
A bill to amend an Act placing the sheriff of Bacon County on an annual salary in lieu of the fee system of compensation, so as to increase the number of secretaries and jailers; to provide for a chief deputy; to provide for an investigator and his salary.

The following Committee substitute was read and adopted:

A BILL
To amend an Act placing the sheriff of Bacon County on an annual salary in lieu of the fee system of compensation, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2213), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4287), so as to increase the number of secretaries and jailers; to provide for a chief deputy; to provide for an increase in the compensation of the deputies, secretaries, and jailers; to provide for an investigator and his salary; 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. An Act placing the sheriff of Bacon County on an annual salary in lieu of the fee system of compensation, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2213), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4287), is amended by striking Section 4 of said Act in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. The sheriff of Bacon County shall have the sole power and authority to appoint a chief deputy and three deputies to assist him in the performance of the duties of his office. Each such deputy shall be compensated in an amount of not less than $12,000.00 per annum, the exact amount to be determined by a majority vote of the governing authority of Bacon County. In addition, the sheriff may request the county governing authority to approve the employment by the sheriff of one or more additional deputies, each such deputy, if approved, to be compensated in such amount as determined by a majority vote of the county governing authority. The sheriff shall also have the authority to appoint two secretaries, four jailers, and one investigator. The secretaries shall be compensated in the amount of not less than $8,800.00 per annum, the jailers shall be compensated in the amount of not less than $9,000.00 per annum, and the investigator shall be compensated in the amount of not less than $13,378.00 per annum, the exact amount of such salaries to be determined by a majority vote of the governing authority of Bacon County. The sheriff may recommend, from time to time, a change in compensation of any employee of his office, but the determination as to such change, or the amount thereof, shall be made by the county governing authority as provided in this section. Each deputy, the secretaries, the jailers, and the investigator shall be paid in twelve equal installments from the funds of Bacon County. It shall be within the sole power and authority of the sheriff during his term of office to designate and name the persons who shall be employed as deputies, secretaries, jailers, and investigator and to prescribe their duties and assignments and to remove or replace such deputies, secretaries, jailers, and investigator at will and within his sole discretion."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

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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 1033. By Representatives Alford of the 57th, Richardson of the 52nd, Redding of the 50th, Williams of the 48th, Mangum of the 57th and others:
A bill to amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, known as the "DeKalb County Special Services Tax Districts Act," so as to provide for certain limitations on the millage rate levied in certain 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 ayes were 101, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

Representatives Teper of the 46th and Baker of the 51st stated that they wished to be recorded as voting "nay" on the preceding Bill.

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.

The following Committee substitute was read and adopted:

A BILL
To amend An Act creating the Gwinnett County Recreation Authority, approved April 17, 1975 (Ga. L. 1975, p. 3108), as amended, so as to change the composition, method of appointment, and terms of the authority and certain residency and quorum requirements; to provide limitations upon which persons may be members of the authority; to change the provisions relating to reimbursement of expenses; to change the provisions relating to definitions; to provide limitations regarding debt; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Gwinnett County Recreation Authority, approved April 17, 1975 (Ga. L. 1975, p. 3108), as amended, is amended by striking Section 2 thereof and inserting in its place a new section to read as follows:
"Section 2. Gwinnett County Recreation Authority. There is hereby created a body corporate and politic to be known as the Gwinnett County Recreation Authority, which shall be deemed to be a political subdivision of the State of Georgia 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, complain and defend in all courts of law and equity, except that the Authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents and employees. The Authority is hereby granted the same exemptions and exclusions from

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taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the Authority as provided under the provisions of this Act.
The Authority shall consist of members who shall be residents of Gwinnett County and who shall be appointed by the Board of Commissioners of Gwinnett County. Neither the chairman nor a member of the Board of Commissioners of Gwinnett County shall be a member of the Authority. The term of office of those members of the Authority who are serving upon the Authority on June 30, 1989, shall expire July 1, 1989, and upon the appointment of their respective successors. Those successors and all future successors shall be appointed by the members and chairman of the Board of Commissioners of Gwinnett County, with each member appointing two persons to be members of the Authority and the chairman appointing one person to be a member of the Authority. Any person thus appointed to serve as a member of the Authority shall serve for a term of office which expires upon the expiration of the term of office of the commissioner or chairman who appointed that person and upon the appointment and qualification of the respective successor to that member of the Authority.
Any member of the Authority may be selected and appointed to succeed himself. Immediately after such appointments, the members of such Authority shall enter upon their duties. Any vacancy on the Authority shall be filled in the same manner as was the original appointment of the member whose termination of membership resulted in such vacancy and the person so selected and appointed shall serve for the remainder of the unexpired term. The Authority shall elect one of its members as chairman and another member as vice-chairman and it shall also elect a secretary and treasurer, who does not necessarily have to be a member of the Authority and if not a member he or she shall have no voting rights. A majority of the members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall be reimbursed for all actual expenses incurred in the performance of their duties out of funds of the Authority and in accordance with the same policies and procedures established by the Merit System Board of Gwinnett County for reimbursement of expenses of county employees in the classified service. The Authority shall make rules and regulations for its own government. It shall have perpetual existence."
Section 2. Said Act is further amended by striking subsection (b) of Section 3 thereof and inserting in its place a new subsection to read as follows:
"(b) The word 'project' shall be deemed to mean and include the acquisition, construction, equipping, maintenance and operation of recreation centers and areas, including, but not limited to, playgrounds, parks, hiking, camping and picnicking areas and facilities, swimming and wading pools, lakes, golf courses, tennis courts, athletic fields and courts, club houses, gymnasiums, and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, the acquisition of parking facilities or parking areas in connection therewith, the acquisition of 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 recreation facilities and areas, deemed by the Authority to be necessary, convenient or desirable."
Section 3. Said Act is further amended by striking subsection (i) of Section 4 thereof and inserting in its place, a new subsection to read as follows:
"(i) To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; but in no event shall revenue bonds or any other debt of the Authority be an obligation of Gwinnett County other than the one mill levied for recreational purposes. The aggregate amount of all debt, including but not limited to bonds, notes, and other indebtedness, authorized to be issued or incurred by the Authority shall not exceed $50 million. The amount of all debt of the Authority existing on July 1, 1989, shall be aggregated with the amount of new debt of the Authority issued or incurred after that date for purposes of the $50 million limitation, notwithstanding the payment or other satisfaction of any such debt by the Authority. The

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amount of debt incurred to fund or refund previously existing debt shall not be included within that $50 million limitation if the amount of the previously existing debt has already been included within the limitation, the term of the funding or refunding debt does not extend beyond the term of that previously existing debt, and the total interest on the funding or refunding debt does not exceed the total interest to be paid on the previously existing debt, but the principal amount of debt incurred in connection with such funding or refunding may exceed the principal amount being funded or refunded only to the extent necessary to reduce the total principal and interest payment requirements over the remaining term of the previously existing debt being funded or refunded. No new revenue bonds or indebtedness of the Authority may be issued or incurred unless such action is approved by both the Authority and the Board of Commissioners of Gwinnett County in a regularly scheduled meeting of such Authority and board, respectively."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

SB 377. By Senators Newbill of the 56th, Clay of the 37th and Barnes of the 33rd:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County; to provide an effective date.

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

SB 379. By Senators Ragan of the 32nd, Newbill of the 56th, Barnes of the 33rd and others:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to create the position of chief judge of the State Court of Cobb County; to change the compensation of the judges of the State Court of Cobb County; to provide for the power, authority, and functions of the chief judge; to provide for the salary of the chief judge.

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

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

Mr. Speaker:

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

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.

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.

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.

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.

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.

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.

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.

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.

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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.

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.

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.

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.

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.

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.

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.

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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.

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.

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.

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.

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.

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.

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.

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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

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

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

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

HR 228. By Representatives Greene of the 130th and Hanner of the 131st: A resolution designating the Creek Indian Trail Scenic Highway.

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

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.

MONDAY, MARCH 6, 1989

1783

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 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.

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

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.

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.

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.

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

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SB 155. By Senator Shumake of the 39th:
A bill to provide that the Fulton County governing authority provide rodent inspection and control services to residential units upon request without charge; to provide that all citizens have equal access to rat poison and other rodent control substances and devices without regard to whether they rent or own their dwelling places; to provide for definitions.

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

SB 155. By Senator Shumake of the 39th:
A bill to provide that the Fulton County governing authority provide rodent inspection and control services to residential units upon request without charge; to provide that all citizens have equal access to rat poison and other rodent control substances and devices without regard to whether they rent or own their dwelling places; to provide for definitions.
Referred to the Committee on State Planning & Community Affairs - Local.

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

SB 324. By Senator Allgood of the 22nd:
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.

By unanimous consent, the following Resolution of the House was withdrawn from the Committee on State Planning and Community Affairs and referred to the Committee on Rules:

HR 396. By Representatives Ehrhart of the 20th, Vaughan of the 20th, Clark of the 20th, Aiken of the 21st, Gresham of the 21st and others:
A resolution creating the Joint Method of Appointment of Members of the Hospital Authority of Cobb County Study Committee.

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

SB 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.

The following Committee substitute was read and adopted:

MONDAY, MARCH 6, 1989

1785

A BILL
To amend Code Section 42-3-6 of the Official Code of Georgia Annotated, relating to the issuance of revenue bonds by the Georgia Building Authority (Penal), so as to increase the amount of such bonds that may be issued; 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; 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 42-3-6 of the Official Code of Georgia Annotated, relating to the issuance of revenue bonds by the Georgia Building Authority (Penal), is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 42-3-6 to read as follows:
"42-3-6. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this chapter, shall have the power and is authorized to provide by resolution for the issuance of negotiable revenue bonds in a sum not to exceed $20 $100 million for the purpose of paying all or any part of the cost, as defined in paragraph (3) of Code Section 42-3-2, of any one or combination of projects. Once a total of $20 $100 million in revenue bonds has been issued, no revenue bonds shall be issued thereafter. The principal and interest of the revenue bonds shall be payable solely from the special fund provided for in this chapter for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates payable semiannually, shall mature at such time or times not exceeding 30 years from their date or dates, and shall be payable in such medium of payment as to both principal and interest as may be determined by the authority. They may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds."
Section 2. Code Section 42-10-4 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Correctional Industries Administration, is amended by striking paragraph (6), which reads as follows:
"(6) To retain any earnings to be used for capital expansion for operating capital in performing the duties and powers provided under this chapter:
(A) In the repair, alteration, erection, and maintenance of industrial buildings and equipment, provided that prior legislative approval for new construction and major capital expenditures is secured; and
(B) For vocational training of inmates without regard to their industrial or other assignments;", in its entirety and substituting in lieu thereof new paragraphs (6), (6.1), and (6.2) to read as follows: "(6) To retain its earnings for expenditure upon any lawful purpose of the administration; (6.1) To conduct vocational training of inmates without regard to their industrial or other assignment; (6.2) To construct, erect, install, equip, repair, replace, maintain, and operate facilities of every character, consistent with its purposes; provided, however, that the Department of Corrections may not contract with the administration to transfer to it any capital outlay appropriations unless the appropriation was by line item expressly designating such a purpose; further, the warehouse the construction of which commenced in DeKalb County in 1988 by the administration and all other facilities of the administration presently completed are hereby ratified and approved;".
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

SB 267. By Senators Stumbaugh of the 55th, Dawkins of the 45th, Tysinger of the 41st and others:
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; to provide for definitions; to provide for membership in the pool; to provide for operation of the pool; to provide for a board of directors; to provide for powers and duties of the pool.

The following Committee substitute was read:

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 Trust Fund; to provide for a short title; to provide for definitions; to provide for operation of the fund; to provide for a board of trustees; to provide for powers and duties of the board; to provide for powers and duties of the Commissioner of Insurance; to provide for eligibility; to provide for selection of an administrator of the fund; to provide for duties and powers of the administrator; to provide for submission to the board of reports regarding operation of the fund; to provide for availability of benefits; to provide for covered services; to provide for exclusions; to provide for premiums, deductibles, and coinsurance; to provide for exclusion of preexisting conditions for certain time periods; to provide for nonduplication of benefits; to provide that certain actions of the fund or the board shall not be the basis for any legal action; to authorize appropriations to the fund; to exempt the fund from all state and local taxes; to provide conditions; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding at the end thereof a new Chapter 43 to read as follows:
"CHAPTER 43
33-43-1. This chapter shall be known and may be cited as the 'Georgia Health Insurance Trust Fund.'
33-43-2. As used in this chapter, the term: (1) 'Accident and sickness insurance' means that type of insurance as defined in
Code Section 33-7-2 but does not include short-term disability, fixed indemnity, limited benefit, or credit insurance coverage issued as a supplement to liability insurance, insurance arising out of a workers' compensation or similar law, automobile medical payment insurance, or insurance under which benefits are payable with or without regard to fault and which is statutorily required to be contained in any liability insurance policy or equivalent self-insurance.
(2) 'Benefits plan' means the coverages to be offered by the fund to eligible persons pursuant to Code Section 33-43-7.
(3) 'Board' means the board of trustees of the fund. (4) 'Commissioner' means the Commissioner of Insurance.

MONDAY, MARCH 6, 1989

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(5) 'Department' means the Department of Insurance. (6) 'Fund' means the Georgia Health Insurance Trust Fund as created in Code Section 33-43-3. (7) 'Health maintenance organization' means any organization authorized to transact business in this state pursuant to Chapter 21 of this title. (8) 'Hospital' means any institution or medical facility as defined in Code Section 31-7-1.
(9) 'Insurance arrangement' means any plan, program, contract, or any other arrangement under which one or more employers, unions, or other organizations provide to their employees or members, either directly or indirectly through a trust or third-party administrator, health care services or benefits other than through an insurer and which is not subject to the exclusive jurisdiction of the federal government.
(10) 'Insured' means any individual resident of this state who is eligible to receive benefits from any insurer or insurance arrangement as defined in this Code section.
(11) 'Insurer' means any insurance company authorized to transact accident and sickness insurance business in this state, any nonprofit medical service corporation, any nonprofit hospital service corporation, any health care plan, and any health maintenance organization authorized to transact business in this state.
(12) 'Medicare' means coverage under both Parts A and B of Title XVIII of the Social Security Act, 42 USC 1395, et seq., as amended.
(13) 'Physician' means a person licensed to practice medicine under Chapter 34 of Title 43.
(14) 'Plan of operation' means the plan of operation of the fund, including articles, bylaws, and operating rules adopted by the board pursuant to Code Section 33-43-3. 33-43-3. (a) There is created a nonprofit entity to be known as the 'Georgia Health Insurance Trust Fund' which shall be of a perpetual, nonlapsing nature for the sole purpose of making payments in accordance with this chapter. The board of trustees of the fund shall be authorized to invest the moneys of the fund in the same manner as provided by law for investments of domestic insurers. (b) There is created a board of trustees of the Georgia Health Insurance Trust Fund to be composed of nine members appointed as provided in this subsection. The Commissioner shall appoint, with the approval of the Governor, two members who shall represent domestic insurers licensed to transact accident and sickness insurance in this state, one member who shall represent a domestic nonprofit health care service plan, and one member who shall be a hospital administrator. The Governor shall appoint one member who shall be a consumer, one member who shall represent employers who have more than 25 employees, one member who shall represent employers who have less than 25 employees, one member who shall represent health maintenance organizations, and one member who shall be a licensed physician. The Commissioner shall serve as an ex officio member of the board. All members of the board shall serve for terms of six years, except the Commissioner whose term shall be concurrent with his term of office as Commissioner. The board shall select one of its members to serve as chairman. The members of the board of trustees shall be required to take and subscribe before the Governor an oath to discharge the duties of their office faithfully and impartially. This oath shall be in addition to the oath required of all civil officers. (c) The board of trustees shall establish a plan of operation for the fund and any amendments thereto necessary or suitable to assure the fair, reasonable, and equitable administration of the fund. The plan of operation and any amendments thereto shall be submitted to the Commissioner for his evaluation and he shall make recommendations to the board of trustees if he feels revisions are required to assure the fair, reasonable, and equitable administration of the fund. The plan of operation shall become effective upon approval of the plan in writing by the Commissioner. (d) In the plan of operation the trustees shall:
(1) Establish procedures for the handling and accounting of assets and moneys of the fund;
(2) Select an administrator, which shall be an insurer licensed to transact accident
and sickness insurance in this state, in accordance with Code Section 33-43-5;

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(3) Establish procedures for filling vacancies on the board of trustees; (4) Establish a fixed benefit schedule for the payment of benefits and cost containment features designed to assist in controlling the costs of the fund; and (5) Develop and implement a program to publicize the existence of the fund, the eligibility requirements, and procedures for enrollment and to maintain public awareness of the fund.
(f) The fund shall have the general powers and authority granted under the laws of this state to insurance companies licensed to transact accident and sickness insurance as defined under Code Section 33-43-2 and, in addition thereto, the specific authority to:
(1) Enter into contracts as are necessary or proper to carry out the provisions and purposes of this chapter, including the authority to enter into contracts with similar funds or pools of other states for the joint performance of common administrative functions or with persons or other organizations for the performance of administrative functions;
(2) Bring or defend actions;
(3) Take such legal action as necessary to avoid the payment of improper claims against the fund or the coverage provided by or through the fund;
(4) Establish appropriate rates, rate schedules, rate adjustments, expense allowances, agents' referral fees, claim reserve formulas, and any other actuarial functions appropriate to the operation of the fund. Rates and rate schedules may be adjusted for appropriate risk factors such as age and area variation in claim cost and shall take into consideration appropriate risk factors in accordance with established actuarial and underwriting practices;
(5) Issue policies or certificates of insurance coverage in accordance with the requirements of this chapter; and
(6) Establish rules, conditions, and procedures for reinsurance of risks of the fund. 33-43-4. (a) Any individual person who has been a resident of this state for at least six months prior to the application for coverage shall be eligible for fund coverage, except the following:
(1) Any person who is at the time of fund application eligible for health care benefits under Article 7 of Chapter 4 of Title 49 , the 'Georgia Medical Assistance Act of 1977';
(2) Any person having terminated coverage in the fund unless 12 months have elapsed since such termination;
(3) Any person on whose behalf the fund has paid out $250,000.00 in benefits; and (4) Inmates of public institutions and persons eligible for public programs.
(b) Any person who ceases to meet the eligibility requirements of this Code section may be terminated at the end of the policy period.
(c) Any eligible person may apply for coverage under the fund. If such coverage is applied for within 30 days after the involuntary termination of previous accident and sickness insurance coverage and if premiums are paid to the fund for the entire coverage period to be issued, the effective date of the coverage under the fund shall be the date of termination of the previous coverage.
33-43-5. (a) The board shall select an insurer through a competitive bidding process to administer claims payments of the fund. The board shall evaluate bids submitted based on criteria established by the board which shall include:
(1) The insurer's proven ability to handle individual accident and sickness insurance;
(2) The efficiency of the insurer's claim-paying procedures; (3) An estimate of total charges for administering the fund; and
(4) The insurer's ability to administer the pool in a cost-efficient manner. (b) (1) The administrator shall serve for a period of three years subject to removal for cause.
(2) At least one year prior to the expiration of each three-year period of service by the administrator, the board shall invite all insurers, including the insurer serving

MONDAY, MARCH 6, 1989

1789

as the current administrator, to submit bids to serve as the administrator for the succeeding three-year period. Selection of the administrator for the succeeding period shall be made at least six months prior to the end of the current three-year period, (c) (1) The administrator shall perform all eligibility and administrative claims payment functions relating to the fund.
(2) The administrator shall establish a premium billing procedure for collection of premiums from insured persons. Billings shall be made on a periodic basis as determined by the board.
(3) The administrator shall perform all necessary functions to assure timely payment of benefits to covered persons under the fund including:
(A) Making available information relating to the proper manner of submitting a claim for benefits to the fund and distributing forms upon which such submission shall be made; and
(B) Evaluating the eligibility of each claim for payment by the fund.
(4) The administrator shall submit to the board regular reports regarding the operation of the fund. The frequency, content, and form of the reports shall be as determined by the board.
(5) Following the close of each calendar year, the administrator shall determine net written and earned premiums, the expense of administration, and the paid and incurred losses for the year and report this information to the board and the department on a form as prescribed by the Commissioner.
(6) The administrator shall be paid as provided in the plan of operation for its expenses incurred in the performance of its services.
33-43-6. (a) Following the close of each fiscal year, the fund administrator shall determine the net premiums, which shall be total premiums less administrative expense
allowances, the pool expenses of administration, and the incurred losses for the year, taking into account investment income and other appropriate gains and losses, and shall
report such information to the board of trustees. (b) The board of trustees may revise the fixed schedule of benefits provided under
the fund as necessary to ensure that the fund maintains adequate resources for continued operation.
33-43-7. (a) The fund shall offer major medical expense coverage to every eligible
person. Major medical expense coverage offered by the fund shall pay an eligible person's covered expenses, subject to limits on the deductible and coinsurance payments
authorized under paragraph (3) of subsection (d) of this Code section, up to an annual limit of $25,000.00 and up to a lifetime limit of $250,000.00 per covered individual. The annual limit and maximum lifetime limit provided under this subsection shall not be
altered by the board, and no actuarial equivalent benefit may be substituted by the board.
(b) As used in this Code section, the term 'covered expenses' shall mean the scheduled benefits established for the following services and articles when prescribed by a physician and determined by the board to be medically necessary:
(1) Hospital services;
(2) Professional services for the diagnosis or treatment of injuries, illnesses, or
conditions, other than mental or dental, which are rendered by a physician or by other licensed professionals at his direction;
(3) Drugs requiring a physician's prescription;
(4) Services of a licensed skilled nursing facility for not more than 120 days during a policy year;
(5) Services of a home health agency for not more than 50 services during a policy
year; (6) Use of radium or other radioactive materials; (7) Oxygen;
(8) Anesthetics;
(9) Prostheses other than dental;
(10) Rental of durable medical equipment, other than eyeglasses and hearing aids, for which there is no personal use in the absence of the conditions for which is prescribed;

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(11) Diagnostic X-rays and laboratory tests; (12) Oral surgery for excision of partially or completely unerupted, impacted teeth or for the gums and tissues of the mouth when not performed in connection with the extraction or repair of teeth; (13) Services of a physical therapist; (14) Transportation provided by a licensed ambulance service to the nearest facility qualified to treat the condition; and (15) Services for diagnosis and treatment of mental and nervous disorders, provided that an insured shall be required to make a 50 percent copayment and that the payment of the pool shall not exceed $4,000.00 during a policy year for outpatient psychiatric treatment. (c) Covered expenses shall not include the following: (1) Any charge for treatment for cosmetic purposes other than surgery for the repair or treatment of an injury or a congenital bodily defect to restore normal bodily functions;
(2) Care which is primarily for custodial or domicilliary purposes; (3) Any charge for confinement in a private room to the extent it is in excess of the institution's charge for its most common semiprivate room, unless a private room is prescribed as medically necessary by a physician; (4) That part of any charge for services rendered or articles prescribed by a physician, dentist, or other health care personnel which exceeds the scheduled benefits established by the board or for any charge not medically necessary; (5) Any charge for services or articles the provision of which is not within the scope of authorized practice of the institution or individual providing the services or articles; (6) Any expense incurred prior to the effective date of coverage by the fund for the person on whose behalf the expense is incurred; (7) Dental care except as provided in paragraph (12) of subsection (b) of this Code section; (8) Eyeglasses and hearing aids; (9) Illness or injury due to acts of war;
(10) Services of blood donors and any fee for failure to replace the first three pints of blood provided to an eligible person each policy year; and
(11) Personal supplies or services provided by a hospital or nursing home or any other nonmedical or nonprescribed supply or service.
(d) (1) Separate schedules of premium rates based on age, sex, and geographical location may apply for individual risks.
(2) The board of trustees shall determine the standard risk rate by calculating the average individual standard rate charged by the five largest insurers offering coverages in the state comparable to the fund coverage. In the event five insurers do not offer comparable coverage, the standard risk rate shall be established using reasonable actuarial techniques and shall reflect anticipated experience and expenses for such coverage. Initial rates for fund coverage shall not be less than 125 percent of rates established as applicable for individual standard risks. Subsequent rates shall be established to provide fully for the expected costs of claims, including recovery of prior losses, expenses of operation, investment income of claim reserves, and any other cost factors subject to the limitations described in this chapter; provided, however, that in no event shall fund rates exceed 175 percent of rates applicable to individual standard risks. All rates and rate schedules shall be submitted to the Commissioner for his review and evaluation and he may make recommendations to the board concerning rates for fund coverage.
(3) The fund coverage defined in this Code section shall provide optional
deductibles of $500.00 or $1,500.00 per annum per individual and coinsurance of 20
percent, such coinsurance and deductibles in the aggregate not to exceed $2,500.00 per
individual nor $5,000.00 per family per annum. The deductibles and coinsurance fac-
tors may be adjusted annually according to the Medical Component of the Consumer Price Index.

MONDAY, MARCH 6, 1989

1791

(e) Fund coverage shall exclude charges or expenses incurred during the first 12 months following the effective date of coverage as to any condition which during the sixmonth period immediately preceding the effective date of coverage:
(1) Had manifested itself in such a manner as would cause an ordinarily prudent person to seek diagnosis, care, or treatment; or
(2) For which medical advice, care, or treatment was recommended or received. Such preexisting condition exclusions shall be waived to the extent to which similar exclusions, if any, have been satisfied under any prior accident and sickness insurance coverage which was involuntarily terminated, provided that application for pool coverage is made not later than 30 days following such involuntary termination, and in such case, coverage in the fund shall be effective from the date on which such prior coverage was terminated.
(f) (1) Benefits otherwise payable under fund coverage shall be reduced by all amounts paid or payable through any other accident and sickness insurance or insurance arrangement and by all hospital and medical expense benefits paid or payable under any workers' compensation coverage, automobile medical payment, or liability insurance, whether provided on the basis of fault or no-fault, and by any hospital or medical benefits paid or payable under or provided pursuant to any state or federal law or program except Medicaid.
(2) The administrator or the board of trustees of the fund shall have a cause of action against an eligible person for the recovery of the amount of benefits paid which are not coverage expenses. Benefits due from the fund may be reduced or refused as a setoff against any amount recoverable under this paragraph. 33-43-8. The establishment of rates, forms, procedures, or fixed schedules of benefits or any other similar action required by this chapter shall not be the basis of any legal action, criminal or civil liability, or penalty against the fund or the board of trustees of the fund. 33-43-9. The fund established pursuant to this chapter shall be exempt from any and all taxes levied by this state or any of its political subdivisions. 33-43-10. (a) The fund shall be authorized to receive donations or gifts from individuals, private organizations, foundations, or other sources and shall be authorized to receive state funds or any federal funds which may become available. (b) The General Assembly shall be authorized, but in no event shall be required, to appropriate moneys to the fund."
Section 2. This Act shall become effective on January 1, 1991, but shall only become effective on that date if an amendment to the Constitution which authorizes the establishment of the Georgia Health Insurance Trust Fund is enacted and ratified by the voters at the general election held in 1990.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Steele of the 97th moves to amend the Committee substitute to SB 267 as follows:
By striking the language at page 13 lines 2 through 4 starting with the word "and", then inserting in lieu thereof the following:
"shall have a maximum of $2,000 per individual or $4,000 per family".

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.

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JOURNAL OF THE HOUSE,

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

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 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 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 Diion,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
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 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 Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett
Pannell YParham Y Parrish Y Patten
Y Pettit Y Pinkston
Poag 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

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
Waddle Y 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

On the passage of the Bill, by substitute, as amended, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

By unanimous consent, SB 267, by substitute, as amended, was ordered immediately transmitted to the Senate.

The Speaker Pro Tern assumed the Chair.

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.

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

MONDAY, MARCH 6, 1989

1793

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 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
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
Lord 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 Y Pinkston
Poag Y Porter Y Poston Y Powell Y Rainey
Randall Y Ransom
Ray Y Reaves
Redding Richardson
Ricketson Y Robinson Y Royal
Selman Y Simpson
Sinkfield 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
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
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 145, nays 0. 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 SB 230.

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.

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.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend SB 198 by striking in their entirety lines 26 and 27 on page 1 and lines 1 through 20 on page 2, which read as follows:
"(1) 'Apprentice auctioneer' means any person who for compensation or valuable consideration, or otherwise, is employed, directly or indirectly, by an auctioneer to deal or engage in any auctioning activity and who is duly licensed under this chapter. Such term also means any person who conducts the business of auctioning in cases where gross sales do not exceed $2,000.00 per auction and who is duly licensed under this chapter.

1794

JOURNAL OF THE HOUSE,

(2) 'Auction business' or 'business of auctioning' means the performing of any of the acts of an auctioneer or apprentice auctioneer, to include bid calling for a fee, commission, or any other valuable consideration or with the intention or expectation of receiving the same by means of or by process of an auction or sale at auction, offers, negotiates, or attempts to negotiate a listing contract, sale, purchase, or exchange of goods, chattels, merchandise, real or personal property, or any other commodity which lawfully may be kept or offered for sale by or at public auction.",
and inserting in lieu thereof the following:
"(1) 'Apprentice auctioneer' means any person who for compensation or valuable consideration, or otherwise, is employed, directly or indirectly, by an auctioneer to deal or engage in any auctioning activity and who is duly licensed under this chapter or any person who is not employed by an auctioneer and who conducts the business of auctioning in cases where gross sales do not exceed $2,000.00 per auction and who is duly licensed under this chapter.
(2) 'Auction business' or 'business of auctioning' means the performing of any of the acts of an auctioneer or apprentice auctioneer, te include including bid calling for a fee, commission, or any other valuable consideration or with the intention or expectation of receiving the same by means of or by process of an auction or sale at auction^ offers, negotiates, or attempts or offering, negotiating, or attempting to negotiate a listing contract; for the sale, purchase, or exchange of goods, chattels, merchandise, real or personal property, or any other commodity which lawfully may be kept or offered for sale by or at public auction."

The following amendment was read and adopted:

Representatives Dunn of the 73rd and Parrish of the 109th move to amend SB 198 by adding in the title on line 9 of page 1, following the semicolon and preceding the words "to repeal", the following:
"to provide that a company licensed under Chapter 47 and Chapter 48 of this title which engages in the business of auctioning on behalf of insurance companies and financial institutions shall not be subject to certain requirements of Code Section 43-6-18;".
By adding between lines 9 and 10 on page 6 a new Section 3 to read as follows:
"Section 3. Said chapter is further amended by adding at the end of Code Section 43-6-11.1, relating to application for license of company, a new subsection (c) to read as follows:
'(c) A company licensed under Chapter 47 and Chapter 48 of this title which engages in the business of auctioning on behalf of insurance companies and financial institutions shall not be subject to the requirements of paragraph (3) of Code Section 43-6-18."'
By renumbering the remaining Sections 3 through 6 as Sections 4 through 7, 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 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

Y Beck Y Benefield
Benn Y Birdsong

MONDAY, MARCH 6, 1989

1795

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 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
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 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
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
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 Ray
Y 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
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
Twiggs Y Vaughan
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, as amended, the ayes were 148, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SR 171. By Senator Coleman of the 1st:
A resolution authorizing the exchange of certain state owned real properties located in Chatham County, Georgia; to provide an effective date.

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

Y Aaron
Y Abernathy Y Adams Y Aiken
Y Alford
Alien N Athon Y Atkins Y Bailey Y Baker Y Balkcom
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 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 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 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

1796

JOURNAL OF THE HOUSE,

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
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,? 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
Wall 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 165, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

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.

The following Committee substitute was read:

A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to require, with regard to the acquisition of control of or merger with a domestic insurer, an acquiring party to file with the Commissioner of Insurance financial statements containing independent fully audited financial information as to the earnings and financial condition of such party; to eliminate certain exemptions from the acquisition filing and approval process; to provide what shall be considered a covered claim for unearned premium under the Georgia Insurers Insolvency Pool; to provide exclusions to the definition of property and casualty insurance as related to such pool; to provide that such 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 such pool, ancillary receiver, or liquidator after a date set by the court shall not be considered a covered claim; to prohibit the entering of a default judgment against such pool; to provide for exhaustion of rights under insurance policies and for reductions of amounts recoverable against such pool; to prohibit references to membership in such 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. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking in its entirety paragraph (3) of subsection (b) of Code Section 33-13-3, relating to acquisition of control of or merger with a domestic insurer, and inserting in its place a new paragraph (3) to read as follows:
"(3) Fully Financial statements containing independent fully audited financial information as to the earnings and financial condition of each acquiring party for the preceding five fiscal years of each acquiring party or for any lesser period as the acquiring party and any predecessors of acquiring party shall have been in existence and similar unaudited information as of a date not earlier than 90 days prior to the filing of the statement;".

MONDAY, MARCH 6, 1989

1797

Section 2. Said title is further amended by striking in its entirety subsection (h) of Code Section 33-13-3, relating to acquisition of control of or merger with a domestic insurer, and inserting in its place a new subsection (h) to read as follows:
"(h) This Code section shall not apply to; (4-) Any offers, requests, invitations), agreements, er acquisitions by the person
subsection (a) ef this Code section which immediately prior te the consummation efthe offer, rcquoot, invitation, agreement, acquisition was net issued a4 outstandmgj ef
43) Any any offer, request, invitation, agreement, or acquisition which the Commissioner by order shall exempt from this Code section as not having been made or entered into for the purpose and not having the effect of changing or influencing the control of a domestic insurer or as otherwise not comprehended within the purposes of this Code section."
Section 3. Said title is further amended by adding at the end of paragraph (2) of Code Section 33-36-3, relating to definitions relative to the Georgia Insurers Insolvency Pool, 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, dividend, 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 4. Said title is further amended by striking paragraph (7) of Code Section 33-36-3, relating to definitions relative to the Georgia Insurers Insolvency Pool, 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 atfd , 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); er
(E) Credit insurance (being that class of insurance referred to in paragraph (8) of Code Section 33-7-3)r ;
(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 5. Said title is further amended by striking subsection (d) of Code Section 33-36-6, relating to the adoption by the Georgia Insurers 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

1798

JOURNAL OF THE HOUSE,

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 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 6. Said title 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 funds 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 7. Said title is further amended by striking Code Section 33-36-11, relating to the procedure for proof and allowance of covered claims under the Georgia Insurers Insolvency Pool, 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 8. Said title 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 Georgia Insurers Insolvency Pool, and inserting in its place a new subsection (a) to read as follows:

MONDAY, MARCH 6, 1989

1799

"(a) Any person, including any individual, partnership, association, or corporation, having a claim against his insurer under any insolvency provision contained m hfe insurftnee policy, which claim arises eat ef the insolvency ef a participating insurer, shall tee required te exhaust first his rights under the policy; and his rights te recover such 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 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 9. Said title 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 10. This Act shall become effective upon its approval by the governor or upon its becoming law without such approval.
Section 11. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Griffin of the 6th and Ware of the 77th move to amend the Committee substitute to SB 233 as follows:
On page 7 line 20 after the word "against" add the words, "a policy 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 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
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 Y Crawford Y Crosby
Y Cummings.B
Y Cummings.M Y Davis.C Y Davis.G

1800

JOURNAL OF THE HOUSE,

Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards
YEhrhart YFelton 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 Y Lee
Y Linder
Y Long Y Lord
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
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
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 Y Smith.T Y Smith,W
Y Sroyre
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
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 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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.

The following substitute, offered by Representative Foster of the 6th, was read and adopted:

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 arising under Article 2 of Chapter 11 of Title 19; 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 11 of Title 19 of the Official Code of Georgia Annotated, known as the "Uniform Reciprocal Enforcement of Support Act," is amended by striking paragraph (2) of Code Section 19-11-65, relating to the power of courts to assure compliance with orders, in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows:
"(2) To require the respondent to make payments at specified intervals to the probatien department ef or any county agency designated by the court or to the obligee and

MONDAY, MARCH 6, 1989

1801

to report personally to the probation department at such times as may be deemed necessary. Any court hearing a petition which does not have a probation department er bureau an Office of the Receiver of Child Support as provided in Chapter 15 of Title 15 or other county agency responsible for such collection shall designate the director of the county or district department of family and children services in the county in which the court sits to act as probation the Office of the Receiver of Child Support officer for the court under this article; and it shall be the duty of the director or his subordinates so to act."
Section 2. Said Article 2 of Chapter 11 of Title 19 is further amended by striking subsection (d) of Code Section 19-11-80, relating to hearings in connection with enforcement orders, in its entirety and substituting in lieu thereof a new subsection (d) to read as follows:
"(d) The court shall be empowered to order payment under the terms of the registered order through the clerk of the superior court, the probation department; the child support receiver -, or such other collection agency as the court shall designate."
Section 3. Code Section 42-8-32 of the Official Code of Georgia Annotated, relating to funds which may be collected by probation supervisors, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 42-8-32 to read as follows:
"42-8-32. No probation supervisor shall be directed to collect any funds other than funds directed to be paid as the result of a criminal proceeding and funds in eases arising under Article 2 ef Chapter ef Title 19."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the 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 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 Dim,H Y Don,S Y 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 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
Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald
Y McKelvey McKinney.B
Y McKinney.C 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
Y Powell Y Rainey
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
Smith,W
YSmyre Y Snow Y Stancil,F Y Stancil.S Y Stanley YSteele

1802

JOURNAL OF THE HOUSE,

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 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 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

The following Committee substitute was read:

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 of a county or counties; to provide a short title; to provide a statement of purpose and authority; to provide for the imposition, collection, payment, and expenditure of additional penalties in certain cases; to provide for the amount of such additional penalties; to provide for the payment or posting of additional sums at the time of posting bail or bond in certain cases and the expenditure of such funds; to provide for practices, procedures, and requirements relative to such funds; to provide for penalties; to provide for a county jail fund; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, is amended by adding at the end thereof a new Article 5 to read as follows:
"ARTICLE 5
15-21-90. This article shall be known and may be cited as the 'Jail Construction and Staffing Act.'
15-21-91. This article is enacted pursuant to Article III, Section IX, Paragraph VI of the Constitution of Georgia, which provision authorizes additional penalty assessments in criminal and traffic cases and cases involving violations of ordinances of political subdivisions and provides that the proceeds derived therefrom may be used for constructing, operating, and staffing of jails, correctional institutions, and detention facilities by counties.
15-21-92. The additional penalties provided for in Code Section 15-21-93 shall not be imposed or collected in any court in any county until the governing authority of the county or counties adopt a resolution placing this article in effect, requiring the imposition and collection of such additional penalties, and agreeing to expend the funds collected for the purposes provided for in this article. The additional penalties provided for in Code Section 15-21-93 shall not be imposed or collected in any municipal court or other court operated by a municipality unless the municipality and county enter into an intergovernmental contract after January 1, 1990, providing for use of the county jail, correctional institution, or detention facility by municipal prisoners.

MONDAY, MARCH 6, 1989

1803

15-21-93. (a) (1) In every case in which any superior court, state court, probate court, magistrate court, municipal court, or other court in any county or municipality in which this article has been placed in effect as provided in Code Section 15-21-92 shall impose a fine, which shall be construed to include costs, for any offense against a criminal or traffic law of this state or any ordinance of a political subdivision thereof, there shall be imposed as an additional penalty a sum equal to 10 percent of the original fine.
(2) At the time of posting bail or bond in any case involving a violation of a criminal or traffic law of this state or ordinance of a political subdivision thereof, an additional sum equal to 10 percent of the original amount of bail or bond shall be posted. In every case in which any superior court, state court, probate court, magistrate court, municipal court, or other court shall order the forfeiture of bail or bond, the additional sum equal to 10 percent of the original bail or bond shall be paid over as provided in Code Section 15-21-94. (b) Such sums required by subsection (a) of this Code section shall be in addition to that amount required by Code Section 47-17-60 to be paid into the Peace Officers' Annuity and Benefit Fund or Code Section 47-11-51 concerning the Judges of the Probate Courts Retirement Fund of Georgia. 15-21-94. (a) The sums provided for in Code Section 15-21-93 shall be assessed and collected by the clerk or court officer charged with the duty of collecting moneys arising from fines and forfeited bonds and shall be paid over to the governing authority of the county in which the court is located by the tenth day of the month following the month in which such sums are collected. Such sums paid over to the governing authority shall be deposited by the governing authority into a special account to be known as the 'county jail fund.' (b) Any person whose duty it is to collect and remit the sums provided for in this article who fails or refuses to remit such sums by the date required by this article shall be guilty of a misdemeanor. 15-21-95. Moneys collected pursuant to this article and placed in the county jail fund shall be expended by the governing authority of the county or counties solely and exclusively for constructing, operating, and staffing county jails, county correctional institutions, and detention facilities of the county or for the purpose of contracting for such facilities with other counties, the state, municipalities, or other political subdivisions as authorized by Article IX, Section III, Paragraph I of the Constitution. The county jail fund and moneys collected pursuant to this article to be placed in the county jail fund may be pledged as security for the payment of bonds issued for the construction of county jails, county correctional institutions, and detention facilities of the county or counties. This article shall not preclude the appropriation or expenditure of other funds by the governing authority of any county or by the General Assembly for the purpose of constructing, operating, or staffing jails, correctional institutions, and detention facilities."
Section 2. This Act shall become effective on January 1, 1990.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and lost:

Representative Childers of the 15th moves to amend the Committee substitute to SB 26 as follows:
By adding a new Section "2" to read:
"The 10 % increase in fines shall go to the place of residence of the person being fined within the State of Georgia."
By renumbering Section 2 as Section 3 and Section 3 as Section 4.

The Committee substitute was adopted.

1804

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 N Adams Y Aiken Y Alford
N Alien N Athon Y Atkins N Bailey N Baker N Balkcom
Y Bannister Y Barfoot N Bargeron Y Barnett,B Y Barnett,M YBeck N Benefield YBenn Y Birdsong Y Bishop N Bostick Y Branch N Breedlove N Brooks N Brown YBuck Y Buibrd YByrd
Y Carrell Y Carter
Chambless Y Chance
Cheeks N Childers
N Clark.B

Y Clark.H N Clark.L Y Colbert Y Coleman
Colwell
Connell Y Couch
Cox Y Crawford N Crosby N Cummings.B
N Cummings.M N Davis.C N Davis.G N Davis,M N Dixon.H Y Dixon,S N Dobbs Y Dover Y Dunn
Edwards Y Ehrhart Y Felton
Fennel N Floyd Y Foster
Godbee Y Goodwin Y Green
N Greene Y Gresham Y Griffin N Groover
Hamilton Y Manner
N Harris

N Hasty Y Heard Y Herbert N Holcomb Y Holland
Y Holmes Y Hooks Y Howren Y Hudson
Irwin Y Isakson
N Jackson,J Y Jackson.W Y Jamieson N Jenkins N Johnson Y Jones N Kilgore N Kingston N Lane,D N Lane.R N Langford N Lawrence
N Lawson YLee
N Linder N Long YLord N Lucas Y Lupton N Mangum N Martin N McCoy Y McDonald Y McKelvey
N McKinney.B

N McKinney.C N Meadows NMilam 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 YPoston Y Powell
Rainey N Randall Y Ransom
NRay N Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal N Selman
Y Simpson

Sinkfleld Y Smith.L Y Smith,P N Smith.T
Y Smith.W YSmyre YSnow Y Stancil.F Y StanciI,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
N Twiggs Y Vaughan
Waddle
N Walker.C Y Walker,L Y Wall N 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 100, nays 62.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Hamilton of the 124th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 270. By Senator Barnes of the 33rd:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change the provisions relating to notices of special meetings of agencies; to define the term "agency" as used in the laws relating to inspection of public records.

The following Committee substitute was read:

A BILL
To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change the provisions relating to notices of special meetings of agencies; to define the term "agency" as used in the laws relating to inspection of public records; to

MONDAY, MARCH 6, 1989

1805

provide exemptions of certain public records; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking subsection (d) of Code Section 50-14-1, relating to the requirement that meetings be open to the public and to notices of meetings, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Every agency shall prescribe the time, place, and dates of regular meetings of the agency. Such information shall be available to the general public and a notice containing such information shall be posted and maintained in a conspicuous place available to the public at the regular meeting place of the agency. Meetings shall be held in accordance with a regular schedule, but nothing in this subsection shall preclude an agency from canceling or postponing any regularly scheduled meeting. Whenever any meeting required to be open to the public is to be held at a time or place other than at the time and place prescribed for regular meetings, the agency shall give due notice of the time and place thereof and of subjects expected to be considered at the meeting. 'Due notice' shall be the posting of a written notice for at least 24 hours at the place of regular meetings and giving of written or oral notice at least 24 hours in advance of the meeting to the legal organ in which notices of sheriffs sales are published in the county where regular meetings are held or at the option of the agency to a newspaper having a general circulation in said county at least equal to that of the legal organ. When special circumstances occur and are so declared by an agency, that agency may hold a meeting with less than 24 hours' notice upon giving such notice of the meeting and subjects expected to be considered at the meeting as is reasonable under the circumstances including notice to said county legal organ or a newspaper having a general circulation in the county at least equal to that of the legal organ, in which event the reason for holding the meeting within 24 hours and the nature of the notice shall be recorded in the minutes. Whenever notice is given to a legal organ or other newspaper, that publication shall immediately make the information available upon inquiry to any member of the public. Any oral notice required or permitted by this subsection may be given by telephone."
Section 2. Said title is further amended by striking subsection (a) of Code Section 50-18-70, relating to inspection of public records, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) As used in this article, the term: (1) 'Agency' shall have the same meaning as such term is defined in paragraph (1)
of subsection (a) of Code Section 50-14-1. (2) 'public Public record' shall mean means all documents, papers, letters, maps,
books, tapes, photographs, or similar material prepared and maintained or received in the course of the operation of a public office or agency."
Section 3. Said title is further amended by striking paragraph (5) of subsection (a) of Code Section 50-18-72, relating to public records for which public disclosure is not required, and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) Records that consist of: (A) confidential evaluations submitted to, or examinations prepared by, a governmental agency and prepared in connection with the appointment or hiring of a public officer or employee; (B) applications, correspondence, resumes, or other records or documents received or prepared by or for the Board of Regents of the University System of Georgia in connection with the appointment or hiring of the president of any institution subject to its jurisdiction, provided that such information, except confidential letters of reference or evaluation, with respect to the individual appointed or hired shall be subject to disclosure ten days after the hiring or appointment; and (C) records consisting of material obtained in investigations related to the suspension, firing, or investigation of complaints against public officers or employees until ten days after the same has been presented to the agency or an officer for action

1806

JOURNAL OF THE HOUSE,

or the investigation is otherwise concluded or terminated, provided that this paragraph shall not be interpreted to make such investigatory records privileged;".
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:
Representative Porter of the 119th moves to amend the Committee substitute to SB 270 as follows:
Delete Section 3 and renumber accordingly.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy
Y Adams Y Aiken N Alford N Alien N Athon Y Atkins
Bailey Y Baker N Balkcom Y Bannister N Barfoot
Bargeron Y Barnett.B Y Barnett.M N Beck N Benefield
Benn Birdsong Bishop Y Bostick N Branch N Breedlove
Y Brooks Brown
N Buck Y Buford Y Byrd
N Carrell N Carter
Chambless Y Chance Y Cheeks Y Childers
Clark,B

Y Clark.H Clark.L
Y Colbert Y Coleman
Colwell Connell Couch Cox N Crawford N Crosby Y Cummings,B N Cummings.M
N Davis.C N Davis.G Y Davis.M N Dixon.H Y Dixon.S
Y Dobbs N Dover N Dunn
Edwards Y Ehrhart Y Felton
N Fennel N Floyd N Foster N Godbee Y Goodwin N Green
Y Greene Y Gresham N Griffin N Groover
Hamilton Y Hanner
N Harris

N Hasty Y Heard
Herbert N Holcomb N Holland
Y Holmes Y Hooks Y Howren N Hudson N Irwin Y Isakson
Jackson,J Y Jackson.W Y Jamieson N Jenkins
Johnson Y Jones N Kilgore Y Kingston N Lane.D N Lane.R
Langford Y Lawrence Y Lawson
NLee Y Linder N Long YLord N Lucas Y Lupton N Mangum
Martin N McCoy Y McDonald Y McKelvey
N McKinney.B

N McKinney.C N Meadows Y Milam Y Mobley N Moody Y Moore Y Morton N Moultrie Y Mueller
Oliver.C Oliver.M
YOrr Orrock
N Padgett Y Pannell NParham N Parrish
N Patten N Pettit
Pinks ton NPoag Y Porter Y Poston Y Powell N Rainey N Randall Y Ransom YRay N Reaves Y Redding
Richardson N Ricketson N Robinson N Royal
Selman N Simpson

On the adoption of the amendment, the ayes were 73, nays 75. The amendment was lost.

Sinkfield Y Smith.L Y Smith,? Y Smith.T N Smith.W Y Smyre Y Snow N Stancil.F Y Stancil.S N Stanley Y Steele
N Stephens N Teper N Thomas.C N Thomas.M N Thompson
Thurmond
N Titus Y Tolbert Y Townsend N Twiggs Y Vaughan
Waddle Walker.C Y Walker.L N Wall N Ware N Watson N Watts Y White Y Wilder Y Williams,B Williams,J Y Yates Yeargin
N 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 Y Abernathy Y Adams

N Aiken Y Alford Y Alien

Y Athon N Atkins Y Bailey

N Baker Y Balkcom N Bannister

Y Barfoot Y Bargeron Y Barnett,B

MONDAY, MARCH 6, 1989

1807

N Barnett.M YBeck Y Benefield
Benn
Birdsong Y Bishop Y Bostick Y Branch
Breedlove Y Brooks Y Brown YBuck
Y Buford YByrd Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks N Childers Y Clark.B N Clark.H Y Clark.L
N Colbert Y Coleman Y Colwell
Connell Y Couch
Cos Y Crawford
Y Crosby N Cummings.B Y Cummings.M

Y Davis.C
Y Davis.G N Davis.M Y Dixon.H
Y Dixon,S N Dobbs Y Dover YDunn
Edwards N Ehrhart N Felton
Fennel
Y Floyd N Foster Y Godbee
Y Goodwin Y Green
Y Greene N Gresham N Griffin Y Groover
Hamilton Y Hanner Y Harris Y Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes Y Hooks N Howren Y Hudson

Irwin N Isakson
Jackson,J Y Jackson.W Y Jamieson Y Jenkins
Y Johnson N Jones
Y Kilgore N Kingston
Y Lane.D N Lane.R Y Langford N Lawrence N Lawson
YLee N Linder YLong YLord 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 Y Moody N Moore

N Morton
Y Moultrie N Mueller
Oliver.C Oliver.M YOrr
Orrock Y Padgett N Pannell
Par ham Y Parrish
Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Y Rainey Y Randall Y Ransom NRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
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 Thurmond
Y Titus N Tolbert N Townsend Y Twiggs N Vaughan
Waddle 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 Y Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 122, nays 39.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Davis of the 72nd stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

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

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

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

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.

The Senate adheres to its disagreement to the House amendments and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

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JOURNAL OF THE HOUSE,

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.
The President has appointed on the part of the Senate the following:
Senators Barnes of the 33rd, McKenzie of the 14th and Gillis of the 20th.

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

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.

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

MONDAY, MARCH 6, 1989

1809

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 408. By Representatives Buford of the 103rd, Groover of the 99th, Watson of the 114th, Waddle of the 113th and Walker of the 115th: A resolution urging the Board of Regents of the University System of Georgia to convert Macon College into a four-year college.
HR 409. By Representatives Redding of the 50th, Brooks of the 34th, Richardson of the 52nd, Oliver of the 53rd, McKinney of the 40th and others: A resolution urging firearms dealers and ammunitions dealers to refrain from selling any ammunition to any person who is less than 18 years of age.
HR 410. By Representatives Mangum of the 57th, Athon of the 57th and Hamilton of the 124th: A resolution urging Congress to continue support for the Foreign Language Assistance Act of 1988.
HR 411. By Representatives Foster of the 6th, Walker of the 115th, Griffin of the 6th, Lee of the 72nd, Jackson of the 9th and others: A resolution recognizing, honoring and commending Honorable Joe T. Wood and inviting him to appear before the House of Representatives.
The following Resolutions of the House were read and adopted:
HR 412. By Representatives Chambless of the 133rd, Cummings of the 134th, White of the 132nd and Balkcom of the 140th: A resolution commending Mr. Royace B. Hinson.
HR 413. By Representatives Thomas of the 69th and Simpson of the 70th: A resolution commending the Carrollton High School Debate Team.
HR 414. By Representative Jones of the 71st: A resolution commending Mr. Thomas E. (Tom) Falls.
HR 415. By Representative Smith of the 152nd: A resolution recognizing the Georgia Council and Georgia State Grand Assembly.
Under the general order of business, established by the Committee on Rules, the following Bill and Resolutions of the Senate were taken up for consideration and read the third time:

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JOURNAL OF THE HOUSE,

SR 54. 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.

The following Committee substitute was read and adopted:

A RESOLUTION

Authorizing the conveyance of certain state owned real property located in the City of Milledgeville, Baldwin County, Georgia; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes.

WHEREAS, the State of Georgia is the owner of five parcels of real property located in Baldwin County, Georgia; and

WHEREAS, said real property is all those tracts or parcels of land lying and being

in Baldwin County, Georgia, in the original first land and present 318th militia district,

it lying in and being a part of land lot numbers 265, 266, and 281 and being generally

described as follows:

"PARCEL 'A'

That certain now vacant and unimproved tract or parcel of land situate, lying and being along and immediately adjoining the northwest corner of the intersection of Roberson Mill Road and State Highway Route 22 containing approximately 9.68 acres, the property here described is more particularly shown on a plat of survey on file in the office of the State Properties Commission, and will be more particularly described by a plat of survey that will be prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission by the purchaser."
"PARCEL 'B' and PARCEL 'C' That certain now vacant and unimproved tract or parcel of land situate, lying and being north of State Route 22, east of Roberson Mill Road, south of Garrett Way, and north and northwest of the Georgia Railroad right-of-way containing approximately 10.04 acres and approximately 1.06 acre respectively. The property here described is more particularly shown on a plat of survey on file in the office of the State Properties Commission, and will be more particularly described by a plat of survey that will be prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission by the purchaser." "PARCEL 'D'

BEGINNING at a point 150 feet right of and opposite station 294 + 00 on the construction centerline of Georgia Highway Project EDS-441(2) Ct. 1; running thence N 87 degrees 54'01" W a distance of 394.3 feet to a point 200 feet left of and opposite station 295 + 80 on said construction centerline; thence northwesterly along a curved line 200 feet left of and parallel to said construction centerline, an arc distance of 132.6 feet to a point 200 feet left of and opposite station 297 + 00 on said construction centerline; thence N 70 degrees 51'43" E a distance of 50 feet to a point 150 feet left of and opposite station 297 + 00 on said construction centerline; thence northerly and northwesterly along a curved line 150 feet left of and parallel to said construction centerline, an arc distance of 575.8 feet to a point 150 feet left of and opposite station 302 + 33.9 on said construction centerline; thence N 03 degrees 07'15" W a distance of 3,208.8 feet to a point 150 feet left of and opposite station 334 + 42.7 on said construction centerline; thence N 54 degrees 47'36.5" E a combined distance of 354.6 feet to a point 116 feet right of and opposite station 336 + 35.2 on said construction centerline; thence southeasterly along a curved line with a radius of 838.93 feet an arc distance of 29.1 feet to a point of 116.0 feet right of and opposite station 336 + 02.1 on said construction centerline; thence S 03 degrees 07'15" E a distance of 752.1 feet to a point 150 feet right of and opposite station 328 + 50 on the construction centerline of said project; thence northeasterly along a straight line to a point 180 feet right of and opposite station

MONDAY, MARCH 6, 1989

1811

328 + 50 on said construction centerline; thence southeasterly along a straight line to a point 180 feet right of and opposite station 325 + 50 on said construction centerline; thence southwesterly along a straight line to a point 150 feet right of and opposite station 325 + 50 on said construction centerline; thence S 03 degrees 07'15" E a distance of 2,316.1 feet to a point 150 feet right of and opposite station 302 + 33.9 on said construction centerline; thence southerly and southeasterly along a curved line 150 feet right of and parallel to said construction centerline, an arc distance of 768.4 feet back to the point of BEGINNING. Said property is further identified as Parcel Number 23 on that certain plat prepared by the Department of Transportation for Project Number EDS-44K2) Ct. 1, Baldwin County, d"aPtAedRCAEugLus'Et '6, 1987."
All that tract or parcel of land lying and being in Land Lot 281 of the 1st Land District of Baldwin County, Georgia, being more particularly described as follows:
BEGINNING at a point on the northwesterly existing right of way line of Georgia Railroad, said point being 66 feet right of and opposite station 338 + 04.4 on the construction centerline of Georgia Highway Project EDS-441(2) Ct. 1; running thence S 54 degrees 47'36.4" W a combined distance of 315.9 feet to a point 184 feet left of and opposite station 336 + 17.0 on said construction centerline; thence northeasterly along a line 184 feet left of and parallel to said construction centerline to a point 184 feet left of and opposite station 343 + 77.9 on said construction centerline, said point also being on the southerly existing right-of-way line of State Route 22; thence southeasterly along said existing southerly right-of-way line a combined distance of 206.7 feet to a point 7.0 feet right of and opposite station 344 + 56.7 on said construction centerline, said point also being of a property line between the lands of grantor and the lands now or formerly owned by Georgia Power Company; thence southwesterly along said latter property line a distance of 463.4 feet to the intersection of another property line between the lands of the grantor and said Georgia Power Company lands at a point 6.8 feet left of and opposite station 339 + 90.5 on said construction centerline; thence southeasterly along said latter property line a combined distance of 197.1 feet to the intersection of said northwestern existing Railroad right of way line; thence southwesterly along said northwestern existing Railroad right of way line a distance of 187.9 feet back to the point of BEGINNING.
Said property is further identified as Parcel Number 24 on that certain plat prepared by the Department of Transportation for Project Number EDS-441(2) Ct. 1, Baldwin County, dated August 6, 1987."; and
WHEREAS, said property is under the custody and management of the Department of Human Resources; and
WHEREAS, said parcels are not being utilized by the Department of Human Resources and have been declared surplus to its needs; and
WHEREAS, the property is no longer useful to or needed by the State of Georgia and therefore is surplus, except that portion of the property that is needed by the Department of Transportation or Baldwin County for future expansion of U.S. Highway 441Milledgeville By-Pass.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through the State Properties Commission.
Section 2. That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to sell and convey all or a portion of the abovedescribed Parcels "A," "B," and "C" by sale after public competitive bid procedure, for a consideration not less than the fair market value, to a purchaser or purchasers upon such

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terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
Section 3. That Parcel "D" and Parcel "E" of the above-described real property shall be conveyed by appropriate instrument to the Department of Transportation by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $10.00 and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interests of the State of Georgia.
Section 4. That a plat of survey shall be provided by purchaser or purchasers suitable for recording in Baldwin County and presented to the State Properties Commission for its approval prior to conveyance of the above-mentioned Parcels "A", "B", and "C."
Section 5. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
Section 6. That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the Official Code of Georgia Annotated, requiring that a conveyance of real property be filed with the State Properties Commission and accompanied by a plat of the property conveyed, the survey of the property, the conveyance of which is authorized by this resolution, to be furnished by purchaser or purchasers and presented to and approved by the State Properties Commission, shall constitute an acceptable plat for filing.
Section 7. That a resolution, Resolution Act No. 15, S. R. 17, authorizing the conveyance of certain state owned real property located in the City of Milledgeville, Baldwin County, to Baldwin County Home for Elderly, Inc., approved April 2, 1987 (Ga. L. 1987, p. 695), is repealed in its entirety.
Section 8. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval and in accordance with the provisions hereof.
Section 9. That all laws and parts of laws in conflict with this resolution are repealed.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the ayes were 98, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

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.

The following amendments were read and adopted:

The Committee on Rules moves to amend SR 99 by striking from line 7, page 3 the figure "10" and inserting in lieu thereof "5".

Representative Parham of the 105th moves to amend SR 99 as follows: Strike the number "10" on page 3 - line 7 and add "5".

MONDAY, MARCH 6, 1989

1813

Strike the word "co-chairmen" on page 3 line 9 and add the word "chairman".

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 ayes were 91, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

SR 164. By Senator Garner of the 30th:
A resolution authorizing the lease of a certain tract of state owned real property; to provide an effective date.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 100, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

SR 175. By Senator McKenzie of the 14th:
A resolution authorizing the conveyance of certain state owned real property located in Sumter County, Georgia; to provide an effective date.

The following Committee substitute was read and adopted:

A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Sumter County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property containing approximately 95 acres located in Sumter County, Georgia; and
WHEREAS, said real property is all that tract or parcel of land lying and being in Sumter County, Georgia, located in the 27th Land District, it lying in and being a part of land lot numbers 80, 81, 82, 99, and 100 and being generally described as follows:
That certain now vacant triangular tract or parcel of land lying in Land Lot 80, north of the east/west runway and east of the north/south runway of Souther Field containing approximately 25 acres, and that tract lying in Land Lots 81, 82, 99, and 100 lying south of the east/west runway and west of the north/south runway of Souther Field containing approximately 70 acres, the property here described is more particularly shown on a drawing outlined in red on file in the office of the State Properties Commission, and will be more particularly described by a plat of survey that will be prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission by the Board of Commissioners of Sumter County; and
WHEREAS, said property is under the custody and management of the Georgia Department of Technical and Adult Education; and
WHEREAS, the Board of Directors of the South Georgia Technical Institute has approved the disposition of the above property; and
WHEREAS, said property is not being utilized by the Georgia Department of Technical and Adult Education and is therefore surplus to its needs; and

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WHEREAS, said property was conveyed to the state by deed of gift from Sumter County; and
WHEREAS, the Board of Commissioners of Sumter County is desirous of obtaining the above-described property for industrial development.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through the State Properties Commission.
Section 2. That the above-described real property shall be conveyed by appropriate instrument to the Sumter County Board of Commissioners by the State of Georgia, acting by and through the State Properties Commission, for a consideration determined by the State Properties Commission and upon such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
Section 3. That, if the Sumter County Board of Commissioners determines the need to convey all or a portion of the above-described property to a private person or corporation or other entity, then before any such disposition the State Properties Commission shall have first approved both the disposition and the monetary consideration for said disposition, which consideration shall not be less than the fair market value of such property. Any such State Properties Commission approval shall be conditioned on said monetary consideration, less any incurred expenses of disposition which have been approved by the State Properties Commission, being received and deposited by the State Properties Commission into the treasury of the State of-Georgia.
Section 4. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
Section 5. That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the Official Code of Georgia Annotated, requiring that a conveyance of real property be filed with the State Properties Commission and accompanied by a plat of the property conveyed, the plat or drawing of the property, the conveyance of which is authorized by this resolution, to be furnished by the purchaser and presented to and approved by the State Properties Commission, shall constitute an acceptable plat for filing.
Section 6. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval and in accordance with the provisions hereof.
Section 7. That all laws and parts of laws in conflict with this resolution are repealed.

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

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.

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

Y 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.H Y Barnett,M YBeck
Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown Buck Y Buford YByrd
Y Carrell Y Carter
Chambless Y Chance Y Cheeks
Y Childers Clark.B

Y Clark.H Y Clark.L
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
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
Groover
Y Hamilton Hanner Harris

Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Holmes
Y Hooks Y Howren
Hudson Y Irwin
Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson
Y Jones Kilgore
Y Kingston Y Lane.D
Lane.R Y Langford
Y Lawrence Y Lawson
Lee Y Linder YLong
Lord Lucas 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 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 Postal Y Powell Y Rainey Y Randall
Ransom YRay
Reaves Y Redding
Richardson Y Ricketson Y Robinson Y Royal
Y Selman Simpson

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
Thomas.C Thomas.M Y Thompson Y Thurmond
Y Titus Y Tolbert
Townsend
Twiggs Y Vaughan
Waddle Walker.C Walker.L Y Wall Ware 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 125, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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

HB 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.

Representative Smith of the 156th moved that the House insist on its position in disagreeing to the Senate substitute to HB 375 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker Pro Tern appointed as a Committee of Conference on the part of the House the following members:

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Representatives Mangum of the 57th, Moore of the 139th and Smith of the 156th.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 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.

Representative Lawson of the 9th moved that the House adhere to its position in amending SB 84 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker Pro Tern appointed as a Committee of Conference on the part of the House the following members:
Representatives Patten of the 149th, Smyre of the 92nd and Lawson of the 9th.

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

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 Senate amendment was read:

Amend HB 757 by inserting on line 6 of page 1 after the word "rail" and before the word "public" the following:
"or a rapid busway".
By inserting on line 9 of page 2 after the word "rail" and before the word "public" the following:
"or a rapid busway".

Representative Porter of the 119th moved that the House disagree to the Senate amendment to HB 757.
The motion prevailed.

The Speaker assumed the Chair.

MONDAY, MARCH 6, 1989

1817

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

SB 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.

The following Committee substitute was read:

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 change the provisions relating to procedures for qualification of candidates generally; to change the provisions relating to the fixing and publishing of qualification fees; to change the provisions relating to the filing of notice of candidacy, nomination petition, and affidavit; to change the provisions relating to the restriction on nominated candidate's withdrawal and filling of vacancy following withdrawal; to change the provisions relating to the date of the general primary; to change the provisions relating to qualification of candidates for party nomination in a primary; to change the provisions relating to certification of political party candidates; to change the provisions relating to the nomination of presidential electors and candidates of political bodies by convention; to change the provisions relating to the holding of conventions; to change the provisions relating to preparation and delivery of ballots, envelopes, and other supplies; 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. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the "Georgia Election Code," is amended by striking in its entirety Code Section 21-2-131, relating to the fixing and publishing of qualification fees, and inserting in lieu thereof a new Code Section 21-2-131 to read as follows:
"21-2-131. (a) Qualification fees for party and public offices shall be fixed and published as follows:
(1) The governing authority of any county, not later than March February 1 of any year in which a general primary, nonpartisan primary, or general election is to be held, and at least 20 days prior to the special primary or election in the case of a special election, shall fix and publish a qualifying fee for each county office to be filled in the upcoming primary or election. Such fee shall be 3 percent of the annual salary of the office if a salaried office. If not a salaried office, a reasonable fee shall be set by the county governing authority, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year;
(2) Within the same time limitation as provided in subsection {a} ef this Code section paragraph (1) of this subsection, the Secretary of State shall fix and publish a qualifying fee for any candidate qualifying by this method with a state political party and for any candidate qualifying with the Secretary of State for a nonpartisan primary and for any candidate filing with the Secretary of State his notice of candidacy for a general or special election. Such fee shall be 3 percent of the annual salary of the office if a salaried office, except that the fee for members of the General Assembly shall be $400.00. If not a salaried office, a reasonable fee shall be set by the Secretary of State, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year;
(3) A reasonable qualifying fee may be set according to party rule for each political party office to be filled in a primary. Such fees shall be set and published by the

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county or state political party not later than Ma*eh February 1 of the year in which the primary is to be held for the filling of such party office. (b) Qualifying fees shall be paid as follows:
(1) The qualifying fee for a candidate in a primary shall be paid to the county or state political party at the time the candidate qualifies;
(2) The qualifying fee for all other candidates shall be paid to the superintendent or Secretary of State at the time the notice of candidacy is filed by the candidate. (c) Qualifying fees shall be prorated and distributed as follows:
(1) Fees paid to the county political party: 50 percent to be retained by the county political party with which the candidate qualified; 50 percent to be transmitted to the superintendent of the county with the party's certified list of candidates not later than 12:00 Noon of the fifth third day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the superintendent to the governing authority of the county, to be applied toward the cost of the primary and election;
(2) Fees paid to the state political party: 75 percent to be retained by the state political party; 25 percent to be transmitted to the Secretary of State with the party's certified list of candidates not later than 12:00 Noon of the fifth third day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the Secretary of State as follows: one-third to the state treasury and two-thirds to the governing authority of the county or counties in the district in which the candidate runs, such fees to be applied toward the cost of holding the primary and election. If the office sought by the candidate is filled by the vote of electors of more than one county, such fee shall be divided among the counties involved in proportion to the vote cast by each county in the preceding presidential election;
(3) Qualification fees paid to the superintendent of the county shall be transmitted by the superintendent as soon as practicable to the general fund of the governing authority of the county, to be applied toward the cost of holding the election;
(4) Qualification fees paid to the Secretary of State shall be prorated and distributed as follows: 25 percent to be transmitted to the state treasury; 75 percent to be transmitted to the governing authority of the county or counties in the district in which the candidate runs, such fees to be applied toward the payment of the cost of holding the election. If the office sought by the candidate is filled by the vote of electors of more than one county, such fee shall be divided among the counties involved in proportion to the vote cast by each county in the preceding presidential election."
Section 2. Said chapter is further amended by striking in their entirety subsections (a) through (d) of Code Section 21-2-132, relating to the filing of notice of candidacy, nomination petition, and affidavit, and inserting in lieu thereof new subsections (a) through (d) to read as follows:
"(a) The names of nominees of political parties nominated in a primary and the names of candidates nominated in a nonpartisan primary shall be placed on the election ballot without their filing the notice of candidacy otherwise required by this Code section.
(b) Candidates seeking nomination in a nonpartisan primary for the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court shall comply with the requirements of subsections {e} (b.l) and (e) of this Code section, as modified by subsection (f) of this Code section, by the date prescribed and shall by the same date pay to the proper authority the qualifying fee prescribed by Code Section 21-2-131 in order to be eligible to have their names placed on the nonpartisan primary ballots.
(b.l) All candidates specified in subsection (b) of this Code section shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the nonpartisan primary

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ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(1) Each candidate for the office of judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, or his agent, desiring to have his name placed on the nonpartisan primary ballot shall file a notice of his candidacy, giving his name, residence address, and the office he is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April;
(2) Each candidate for the office of judge of a state court, or his agent, desiring to have his name placed on the nonpartisan primary ballot shall file notice of his candidacy in the office of the superintendent of his county no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April. (c) All other candidates shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this Code section subsection in order to be eligible to have their names placed on the election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(1) Each candidate for federal or state office, or his agent, desiring to have his name placed on the election ballot shall file a notice of his candidacy, giving his name, residence address, and the office he is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Wednesday Monday in May June immediately prior to the election and no later than 12:00 Noon on the second Friday following the fourth Wednesday Monday in May June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election;
(2) Each candidate for a county office, or his agent, desiring to have his name placed on the election ballot shall file notice of his candidacy in the office of the superintendent of his county no earlier than 9:00 A.M. on the fourth Wednesday Monday in May June immediately prior to the election and no later than 12:00 Noon on the second Friday following the fourth Wednesday Monday in May June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election. (d) Each candidate required to file a notice of candidacy by this Code section shall, no earlier than 9:00 A.M. on the fourth Wednesday Monday in May June immediately prior to the election and no later than 12:00 Noon on the first second Tuesday in August July immediately prior to the election, file with the same official with whom he filed his notice of candidacy a nomination petition in the form prescribed in Code Section 21-2-170, except that such petition shall not be required if such candidate is:
(1) A nominee of a political party for the office of presidential elector when such party has held a national convention and therein nominated candidates for President and Vice President of the United States;
(2) Seeking office in a special election;
(3) An incumbent qualifying as a candidate to succeed such incumbent if, prior to the election in which such incumbent was originally elected to the office for which such incumbent seeks reelection, such incumbent filed a notice of candidacy and a nomination petition as required by this chapter;
(4) A candidate seeking election to the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court in a nonpartisan primary; or
(5) A nominee for a state-wide office by a duly constituted political body convention, provided that the political body making the nomination has qualified to nominate candidates for state-wide public office under the provisions of Code Section 21-2-180."

Section 3. Said chapter is further amended by striking in its entirety Code Section 21-2-134, relating to the restriction on nominated candidate's withdrawal and on filling of

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vacancy following withdrawal, and inserting in lieu thereof a new Code Section 21-2-134 to read as follows:
"21-2-134. (a) No candidate nominated at any primary election or nonpartisan primary or nominated by means other than a primary may withdraw as a candidate at the ensuing general election. No vacancy on the ballot for a general election or for a nonpartisan election shall be filled except by reason of the death or disqualification of a candidate.
(b) Any vacancy in any party nomination filled by a primary created by reason of the death or disqualification of a candidate occurring after nomination may be filled in the following manner:
(1) In the case of a public office to be filled by the vote of the electors of the entire state in which the vacancy occurs after nomination but at least ten days prior to the election to fill the public office sought by such candidate, the vacancy may be filled by a substitute nomination made by a convention composed of the delegates of the county executive committee of such party in each county of the state. Immediately upon such vacancy occurring, the state executive committee or a subcommittee thereof appointed for the purpose shall fix a time within six days of the occurrence of such vacancy; shall select and provide a convenient place for the holding of such a convention, which shall be open to the public; and shall give notice thereof to the chairman and secretary of each county executive committee. Each county executive committee shall be entitled to select the number of delegates apportioned to it by the state executive committee; provided, however, that each county executive committee shall be entitled to select at least one delegate. Such apportionment of delegates among the counties shall be based substantially upon the population of the state according to the
last United States decennial census or upon the number of votes cast within the state for the party's candidates for presidential electors in the last presidential election. A two-third's majority of the delegates of such county executive committees shall constitute a quorum for the transaction of business, and a majority of the delegates present while a quorum exists shall be sufficient to fill such nomination by a substitute nomination. Each delegate shall have one vote and all votes taken shall be by a roll-call vote. The records of the convention shall be filed with the state executive committee. In the event such a vacancy in party nomination shall occur during the ten days preceding the day of such an election, such vacancy may be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for the purpose;
(2) In the case of a public office for which a candidate must qualify with the state executive committee, except a public office to be filled by the vote of the electors of the entire state, the nomination may remain vacant or may be filled at the decision of the state executive committee of the party. The decision whether to fill such vacancy shall be made by the state executive committee by 4:00 P.M. on the next business day following the actual knowledge of the death or disqualification of the candidate. The decision of the state executive committee shall be immediately transmitted to the Secretary of State. If the Secretary of State has not been notified of the decision of the state executive committee by 4:30 P.M. on the next business day following the actual knowledge of the vacancy, it shall be conclusively presumed that the state executive committee has decided not to fill the vacancy. If the state executive committee decides not to fill the vacancy, the nomination shall remain vacant. If the state executive committee decides to fill the vacancy, the vacancy shall be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for that purpose; and
(3) In the case of a public office for which a candidate must qualify with the county executive committee, the nomination may remain vacant or may be filled at the decision of the state executive committee of the party. The state executive committee or a subcommittee thereof may determine on its own whether to fill the vacancy but is authorized, though not required, to seek the recommendation of any of the following persons for the purpose of determining whether to fill the vacancy: the county executive committee, if any; persons from the area who are active in the

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party; persons who are present or former officials of the party; persons who presently hold political office or have sought political office as candidates of the party; or such other persons as the committee or subcommittee may desire to consult. The decision whether to fill such vacancy shall be made by the state executive committee by 4:00 P.M. on the next business day following the actual knowledge of the death or disqualification of the candidate. The decision of the state executive committee shall be immediately transmitted to the county superintendent. If the county superintendent has not been notified of the decision of the state executive committee by 4:30 P.M. on the next business day following the actual knowledge of the vacancy, it shall be conclusively presumed that the state executive committee has decided not to fill the vacancy. If the state executive committee decides not to fill the vacancy, the nomination shall remain vacant. If the state executive committee decides to fill the vacancy, the vacancy shall be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for that purpose. The state
executive committee or a subcommittee thereof may determine on its own who shall fill the vacancy as a substitute nominee but is authorized, though not required, to seek
the recommendation of any of the following persons for the purpose of determining the most suitable substitute nomination: the county executive committee, if any; per-
sons from the area who are active in the party; persons who are present or former offi-
cials of the party; persons who presently hold political office or have sought political office as candidates of the party; or such other persons as the committee or subcommittee may desire to consult.
(c) Any vacancy occurring in any body nomination or party nomination filled by means other than by primary, by reason of the death or disqualification of any candi-
date after nomination, may be filled by a substitute nomination made by such committee as is authorized by the rules and regulations of the party or body to make nominations in the event of vacancies on the party or body ticket.
(d) If the death or disqualification of a candidate after nomination for any public office, except an office filled by a nonpartisan primary, would at the time of such event result in there being no candidate for that office on the ballot in the general election,
then the vacancy shall be filled by a special primary which shall be open only to the party of such deceased or disqualified candidate and the office shall be filled by a spe-
cial election as provided in Code Section 21-2-540. (e) In the event a candidate dies or is disqualified after the nonpartisan primary but
before the nonpartisan election, no special nonpartisan primary shall be held and the nonpartisan election shall be conducted in the following manner:
(1) If the vacancy occurs prior to 42 60 days before the general election, the nonpartisan election shall be held on the date of the November election. If no candidate receives a majority of the votes cast, a runoff shall be held on the date of the general
election runoff. Upon actual knowledge of the death or disqualification of a candidate,
the Secretary of State shall reopen qualifications for any state office and the election superintendent shall reopen qualifications for any county office for a period of not less
than one nor more than three days after notice has been published in a newspaper of appropriate circulation. The names of candidates who qualify shall be placed on the
nonpartisan election ballot in the arrangement and form prescribed by the Secretary of State or the election superintendent but shall conform insofar as practicable with
Code Section 21-2-285.1. The list of electors qualified to vote in the nonpartisan election shall be the same list as is used in the general election; and
(2) If the vacancy occurs within 43 60 days of the general election, the nonpartisan election shall be held on the date of the general election runoff. If no candidate
receives a majority of the votes cast, a runoff shall be held on the fourteenth day after the election. Upon actual knowledge of the death or disqualification of a candidate,
the Secretary of State shall reopen qualifications for any state office and the election superintendent shall reopen qualifications for any county office for a period of not less than one nor more than three days. All candidates who qualify shall be placed on the
nonpartisan ballot. The form of the ballot shall be as prescribed by the Secretary of State or the election superintendent. The list of electors qualified to vote in the nonpartisan election shall be the same list as used in the general election.

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(f) Upon the making of any such substitute nomination, in the manner prescribed in subsection (b) or subsection (c) of this Code section, it shall be the duty of the chairman and secretary of the convention or committee making the nomination to file with the Secretary of State or with the superintendent, as the case may be, a nomination certificate which shall be signed by such chairman and secretary. Every such certificate of nomination shall be sworn to by the chairman and secretary before an officer qualified to administer oaths."
Section 4. Said chapter is further amended by striking in its entirety Code Section 21-2-150, relating to the date of the general primary and date of the nonpartisan primary, and inserting in lieu thereof a new Code Section 21-2-150 to read as follows:
"21-2-150. (a) Whenever any political party holds a primary to nominate candidates for public offices to be filled in the ensuing November election, such primary shall be held on the second third Tuesday in August July in each even-numbered year, except as provided in subsection (c) of this Code section.
(b) Whenever any nonpartisan primary is held to nominate candidates for the office of judge of the state court, judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court to be filled in the ensuing November election, such primary shall be held jointly with the political primaries on the second third Tuesday in August July in each even-numbered year, except as provided in subsection (c) of this Code section.
(c) Whenever the primary occurs during the same week of the national convention of either the political party whose candidates received the highest number of votes or the political party whose candidates received the next highest number of votes in the last presidential election, the general primary shall be conducted on the frrst second Tuesday in Auguat July of such year. This subsection shall not apply unless the date of the convention of the political party is announced by the political party prior to May April 1 of the year in which the general primary is conducted."
Section 5. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a primary, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) In the case of a general primary, the candidates shall commence qualifying at 9:00 A.M. on the fourth Wednesday Monday in May April immediately prior to the primary and shall cease qualifying at 12:00 Noon on the second Friday following the fourth Wednesday Monday in May April. In the case of a special primary, the candidate shall qualify at least 15 days prior to the date of such primary."
Section 6. Said chapter is further amended by striking in its entirety Code Section 21-2-154, relating to certification of political party candidates, and inserting in lieu thereof a new Code Section 21-2-154 to read as follows:
"21-2-154. At or before 12:00 Noon on the fifth third 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. 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 7. Said chapter is further amended by striking in its entirety subsection (e) of Code Section 21-2-172, relating to the nomination of presidential electors and candidates of political bodies by convention, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) A convention for the purpose of nominating candidates shall be held at least 90 150 days prior to the date on which primaries are the general election is conducted."

MONDAY, MARCH 6, 1989

1823

Section 8. Said chapter is further amended by striking in its entirety Code Section 21-2-187, relating to the holding of conventions, and inserting in lieu thereof a new Code Section 21-2-187 to read as follows:
"21-2-187. Political bodies shall hold their conventions in accordance with Code Section 21-2-172 and candidates nominated for state-wide public office in convention shall file a notice of candidacy no earlier than 9:00 A.M. on the fourth Wednesday Monday in May June immediately prior to the election and no later than 12:00 Noon on the second Friday following the fourth We day Monday in May June as prescribed in Code Section 21-2-132; provided, however, that the political body must file its qualifying petition no later than the first second Tuesday in August July following the convention as prescribed in Code Section 21-2-185 in order to qualify its candidates to be listed on the the general election ballot."
Section 9. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 21-2-384, relating to preparation and delivery of ballots, envelopes, and other supplies, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The superintendent shall, as soon as practicable prior to each primary or election, but at least 36 45 days prior to any primary or general election, prepare or obtain and deliver an adequate supply of official absentee ballots, envelopes, and other supplies as required by this article, to the board of registrars for use in the primary or election. The board of registrars shall, within two days after the receipt of such supplies, deliver or mail official absentee ballots to all eligible applicants; and, as additional applicants are determined to be eligible, the board shall deliver or mail official absentee ballots to such additional applicants immediately upon determining their eligibility; provided, however, that a ballot shall not be mailed to an applicant whose application is received within a period of five days prior to the primary or election and whose mailing address is located over 300 miles from the main office of the board of registrars; and provided, further, that no absentee ballot shall be mailed by the registrars on the day prior to a primary or election. The date a ballot is mailed or delivered to an elector and the date it is returned shall be entered on the application therefor. The registrar may deliver on the day of a primary or election an absentee ballot to a person confined to a hospital. In the event an absentee ballot which has been mailed by the board of registrars is not received by the applicant, the applicant may notify the board of registrars and sign an affidavit stating that the absentee ballot has not been received. The board of registrars shall then issue a second absentee ballot to the applicant and cancel the original ballot issued. The affidavit shall be attached to the original application. A second application for an absentee ballot shall not be required."
Section 10. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Aaron
N Abernathy N Adams
N Aiken Y Alford Y Alien Y Athon N Atkins N Bailey
Baker Y Balkcom N Bannister Y Barfoot Y Bargeron Y Barnett.B

Y Barnett.M YBeck N Benefield
YBenn Y Birdsong Y Bishop Y Bostick Y Branch N Breedlove
Brooks Brown YBuck N Buford YByrd Y Carrell

Y Carter Y Chambless N Chance N Cheeks N Childers Y Clark.B N Clark.H N Clark,L N Colbert Y Coleman Y Colwell N Connell
Couch Cox Y Crawford

Crosby N Cummings.B
Cummings,M N Davis.C N Davis.G N Davis.M Y Dixon.H Y Dixon.S N Dobbs
Dover NDunn Y Edwards
N Ehrhart N Felton Y Fennel

Y Floyd N Foster
Y Godbee Y Goodwin Y Green Y Greene N Gresham N Griffin Y Groover N Hamilton Y Hanner N Harris N Hasty N Heard N Herbert

1824

JOURNAL OF THE HOUSE,

N Holcomb Y Holland Y Holmes Y Hooks N Howren Y Hudson Y Irwin N Isakson Y Jackson,J N Jackson.W N Jamieson N Jenkins Y Johnson N Jones Y Kilgore N Kingston N Lane.D N 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 N McKelvey
McKinney,B McKinney.C Y Meadows Y Milam
Y Mobley N Moody Y Moore N Morton Y Moultrie N Mueller

Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett
Pannell YParham Y Parrish Y Patten
Y Pettit Pinkston
YPoag Y Porter Y Poston Y Powell
N Rainey Y Randall N Ransom NRay Y Reaves N Redding

Y Richardson Y Ricketson Y Robinson
Y Royal N Setman Y Simpson
Sinkfield
N Smith.L N Smith,P
Y Smith,T N Smith.W
Smyre NSnow Y Stancil,F N Stancil,S Y Stanley N Steele N Stephens Y Teper Y Thomas.C N Thomas,M

Y Thompson Y Thurmond N Titus
N Tolbert Y Townsend YTwiggs
N Vaughan Waddle Walker.C
Walker.L N Wall
Ware Y Watson Y Watts Y White
N Wilder N Williams.B
Williams,J N Yates Y Yeargin
Murphy,Spkr

On the adoption of the Committee substitute, the ayes were 90, nays 69. The Committee substitute was adopted.

The substitute, offered by Representative Stancil of the 8th, was ruled out of order.

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 N Barnett.B Y Barnett.M YBeck Y Benefield YBenn
N Birdsong Y Bishop Y Bostick Y Branch N Breedlove
Brooks 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 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 N Davis.M
N Dixon.H N Diion.S N Dobbs Y Dover N Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster
YGodbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin N Groover
Y Hamilton N 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 N Jackson.W Y Jamieson N Jenkins Y Johnson N Jones Y 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 Y Martin Y McCoy
Y McDonald Y McKelvey Y McKinney.B

N McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore N Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock N Padgett Y Pannell YParham Y Parrish Y Patten N Pettit Y Pinkston YPoag Y Porter
N Poston Y Powell Y Rainey Y Randall N Ransom NRay Y Reaves Y Redding Y Richardson Y Ricketson
Y Robinson Y Royal Y Selman Y Simpson

Sinkfield N Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre NSnow 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 Waddle 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, by substitute, the ayes were 137, nays 29.

MONDAY, MARCH 6, 1989

1825

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

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 SB 165.

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.

The following Committee substitute was read:

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 appointment of the deputy commissioner; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, is amended by striking Code Section 35-2-7, relating to the appointment of the deputy commissioner of public safety and his term of office, rank, duties, oath, and membership in the Uniform Division, in its entirety and inserting in lieu thereof a new Code Section 35-2-7 to read as follows:
"35-2-7. (a) The commissioner is vested with authority to appoint a deputy commissioner of public safety, whose term ef office shall be few years and who shall have the rank of lieutenant colonel in the Uniform Division of the department.
(b) The deputy commissioner may be a member of the Uniform Division of the department and upon removal from office without prejudice he shall revert to the original rank in the Uniform Division which he held when he was appointed to office,
{e) His appointment shall be subject to confirmation by tfee board. {4} (c) The deputy commissioner shall perform such duties as he may be charged with by the commissioner, and in case of a vacancy shall act as commissioner until an appointment is made to fill the vacancy. (e) (d) The deputy commissioner shall take the same oath as that required of the commissioner, which oath shall be administered by the commissioner."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representative Thomas of the 69th moves to amend the Committee substitute to SB 260 by inserting on line 5 of page 1 after the word and symbol "commissioner;" the following:
"to provide for the authority of the Uniform Division of the Georgia State Patrol to close an interstate highway in an emergency situation;"
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively, and inserting between lines 9 and 10 of page 2 the following:

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JOURNAL OF THE HOUSE,

"Section 2. Code Section 35-2-32 of the Official Code of Georgia Annotated, relating to the jurisdiction and duties of the Georgia State Patrol, is amended by adding at the end thereof a new subsection (c) to read as follows:
'(c) Notwithstanding the provisions of Code Section 32-2-2, the Uniform Division of the Georgia State Patrol is authorized to close any road or a portion of any road or state highway system, including all national interstate and defense highways within the state, in the event of an emergency, whether natural or manmade, in order to safeguard the lives and property of the public. The commissioner of public safety shall promulgate rules and regulations to implement this subsection.'"

Representative Groover of the 99th moves to amend the Committee substitute to SB 260 as follows:
By adding on lines 25 & 26, page 1:
"(c) His appointment shall be subject to confirmation by the board."
and
By designating subsection "(c)" as "(d)" on line 1, page 2 and "(d)" as "(e)" on line 5, page 2.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
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
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
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
Crosby Y Cummings.B Y Cummings.M
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
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 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 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 YRandall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson
Y Royal Selman
Y Simpson

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 N Tolbert Y Townsend Y Twiggs Y Vaughan
Waddle 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

MONDAY, MARCH 6, 1989

1827

On the passage of the Bill, by substitute, as amended, the ayes were 155, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Tolbert of the 58th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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.

The following Committee substitute was read:

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 and certification of utility contracting foremen; to provide for legislative purpose; to change and add certain definitions; to provide for an additional Division of Utility Contractors; to change certain provisions relating to the composition, organization, officers, and powers of the board; to change certain provisions relating to powers and duties of the divisions of the board; to provide for license application, examination, issuance, and renewal; to provide for certain notifications; to provide for certificate application and the issuance and renewal of certificates; to provide for financial statements and financial standards; to provide for bid limitations; to change certain provisions relating to applicability and exceptions; to prohibit utility contracting work without a utility contractor or utility contracting foreman at the job site; to prohibit unlicensed utility contracting and prohibit opening or considering certain bids for utility contracting and provide penalties therefor; 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 14 of Title 43 of the Official Code of Georgia Annotated, relating to the State Construction Industry Licensing Board, is amended by striking Code Section 43-14-1, relating to legislative purpose, and inserting in lieu thereof a new Code section to read as follows:
"43-14-1. This chapter is enacted for the purpose of safeguarding homeowners, other property owners, tenants, and the general public against faulty, inadequate, inefficient, or unsafe electrical, plumbing, low-voltage wiring, utility contracting, or conditioned air installations. The practice of electrical contracting, plumbing contracting, installing, or repairing, low-voltage contracting, utility contracting, and conditioned air contracting are declared to be businesses or professions affecting the public interest; and this chapter shall be liberally construed so as to accomplish the purposes stated in this Code section."
Section 2. Said chapter is further amended by adding at the end of Code Section 43-14-2, relating to definitions, the following new paragraphs:
"(13) 'Utility contracting' means undertaking to construct, erect, alter, or repair or have constructed, erected, altered, or repaired any utility system in which the cost of the completed structures or improvements exceed $100,000.00.
(14) 'Utility contractor' means an individual who is engaged in utility contracting under express or implied contract or who bids for, offers to perform, purports to have

1828

JOURNAL OF THE HOUSE,

the capacity to perform, or does perform utility contracting under express or implied contract. An employee of a utility contractor who receives only a salary or hourly wage for performing utility contracting shall not be required to be licensed under this chapter, except that those employees upon whom the qualification of a partnership or corporation rests pursuant to subsection (b) of Code Section 43-14-8.2 shall be licensed.
(15) 'Utility contracting foreman' means any individual who is employed or engaged by a utility contractor to supervise the construction, erection, alteration, or repair of a utility system.
(16) 'Utility system' means any system at least five feet underground including, but not limited to, water supply systems, sewerage and drainage systems, reservoirs and filtration plants, water and waste-water treatment plants, and pump stations."
Section 3. Said chapter is further amended by striking from subsection (c) of Code Section 43-14-3, relating to the creation of the State Construction Industry Licensing Board, the following:
"(c) The board shall be composed of 22 members", and inserting in lieu thereof the following:
"(c) The board shall be composed of 27 members", by striking from the end of paragraph (4) of said subsection (c) the following:
"; and", and inserting in lieu thereof the following:
by redesignating paragraph (5) of said subsection (c) as paragraph (6), and inserting immediately prior thereto a new paragraph (5) to read as follows:
"(5) Five members known as the Division of Utility Contractors, three of whom shall be utility contractors, one of whom shall be a registered professional engineer, and one of whom shall be an insurance company representative engaged primarily in the bonding of construction projects; and", and by adding in subsection (d) thereof immediately after the following:
"July 1, 1984, and ending June 30, 1987.", the following:
"Members of the Division of Utility Contractors shall be appointed by the Governor, subject to confirmation by the Senate, for initial terms beginning July 1, 1989, and ending June 30, 1992."
Section 4. Said chapter is further amended by striking subsection (b) of Code Section 43-14-4, relating to meetings and organization of the board, and inserting in lieu thereof a new subsection to read as follows:
"(b) The office of chairman shall be rotated among the few five divisions enumerated in Code Section 43-14-3 unless the board, through its rules and regulations, provides otherwise. Any vacancy in the office of chairman shall be filled by the members for the unexpired term. The person selected to fill the vacancy shall be a member of the same division as the previous chairman."
Section 5. Said chapter is further amended by striking paragraphs (2) and (4) of Code Section 43-14-5, relating to powers of the board, and inserting in their respective places new paragraphs to read as follows:
"(2) Provide by regulation for reciprocity with other states in the registration and licensing of electrical contractors, master plumbers, journeyman plumbers, low-voltage contractors, utility contractors, or conditioned air contractors and in the certification of utility contracting foremen, provided that such other states have requirements substantially equal to the requirements in force in this state for registration, eat4 licensure, and certification; provided, further, that a similar privilege is offered to residents of this state;"
"(4) Establish the policies for regulating the businesses of electrical contracting, plumbing, low-voltage, utility, and conditioned air contracting; and".
Section 6. Said chapter is further amended by striking subsection (a) of Code Section 43-14-6, relating to duties of the various divisions of the board, and inserting in lieu thereof a new subsection (a) to read as follows:

MONDAY, MARCH 6, 1989

1829

"(a) The Division of Electrical Contractors, with respect to applicants for a license to engage in or licensees engaging in the business of electrical contracting; the Division of Master Plumbers and Journeyman Plumbers, with respect to applicants for a license to engage in or licensees engaging in the business of plumbing as master plumbers or journeyman plumbers; the Division of Low-voltage Contractors, with respect to applicants for a license to engage in or licensees engaging in the business of low-voltage contracting; the Division of Utility Contractors with respect to applicants for a license to engage in or licensees engaging in the business of utility contracting and with respect to applicants for a certificate to engage in or certificate holders engaging in the business of a utility contracting foreman; and the Division of Conditioned Air Contractors, with respect to applicants for a license to engage in or licensees engaging in the business of conditioned air contracting, shall:
(1) Examine all applicants for licenses to practice the profession. Examinations shall be prepared in such a manner as to test the knowledge, skill, and efficiency of the applicants; and such examinations shall be based on the applicable state minimum standard codes and, in the case of low-voltage contractors, upon such additional information deemed necessary by the division licensing such contractors in order to protect the safety and welfare of the public;
(2) Subject to this paragraph, prepare examinations within the state at least twice each year and grade such applicants taking the examinations. The Division of Electrical Contractors shall prepare separate examinations for Class I and Class II licenses. Class I licenses shall be restricted to electrical contracting involving single-phase electrical installations which do not exceed 200 amperes, and Class II licenses shall be unrestricted. The Division of Master Plumbers and Journeyman Plumbers shall prepare separate examinations for master plumber Class I, master plumber Class II, and journeyman plumbers. Master Plumber Class I licenses shall be restricted to plumbing involving single-family dwellings and one-level dwellings designed for not more than two families and commercial structures not to exceed 10,000 square feet in area. Master Plumber Class II licenses shall be unrestricted. The Division of Conditioned Air Contractors shall prepare separate examinations for Class I and Class II licenses. Class I licenses shall be restricted to the installation, repair, or service of conditioned air systems or equipment not exceeding 175,000 BTU (net) of heating and five tons (60,000 BTU) of cooling. Class II licenses shall be unrestricted. The Division of Lowvoltage Contractors shall prepare separate examinations for Low-voltage Contractor Class LV-A, Low-voltage Contractor Class LV-T, Low-voltage Contractor Class LV-U, and Low-voltage Contractor Class LV-G. Class LV-A licenses shall be restricted to alarm and general system low-voltage contracting, Class LV-T licenses shall be restricted to telecommunication and general system low-voltage contracting, Class LV-G licenses shall be restricted to general system low-voltage contracting, and Class LV-U licenses shall be unrestricted and permit the performance of alarm, telecommunication, and general system low-voltage contracting;
(3) Register and license or grant a certificate and issue renewal licenses and renewal certificates biennially to all persons meeting the qualifications for a license or certificate. The following licenses or certificates shall be issued by the divisions:
(A) Electrical Contractor Class I; (B) Electrical Contractor Class II; (C) Master Plumber Class I; (D) Master Plumber Class II; (E) Journeyman Plumber; (F) Conditioned Air Contractor Class I; (G) Conditioned Air Contractor Class II; (H) Low-voltage Contractor Class LV-A;
(I) Low-voltage Contractor Class LV-T;
(J) Low-voltage Contractor Class LV-G; afld
(K) Low-voltage Contractor Class LV-U;
(L) Utility contracting foreman (certificate); and
(M) Utility contractor;

1830

JOURNAL OF THE HOUSE,

(4) Investigate, with the aid of the joint-secretary, alleged violations of this chapter or other laws and rules and regulations of the board relating to the profession;
(5) After notice and hearing, have the power to reprimand any person or licensee, or to suspend, revoke, or cancel the license or certificate of competency of or refuse to grant, renew, or restore a license or certificate of competency to any person or licensee upon any one of the following grounds:
(A) The commission of any false, fraudulent, or deceitful act or the use of any forged, false, or fraudulent document in connection with the license requirements of this chapter or the rules and regulations of the board;
(B) Failure at any time to comply with the requirements for a license under this chapter;
(C) Habitual intemperance in the use of alcoholic spirits, narcotics, or stimulants to such an extent as to render the licensee unsafe or unfit to practice his profession licensed under this chapter;
(D) Engaging in any dishonorable or unethical conduct likely to deceive, defraud, or harm the public;
(E) Knowingly performing any act which in any way assists an unlicensed person to practice his profession;
(F) Violating, directly or indirectly, or assisting in or abetting any violation of any provision of this chapter or any rule or regulation of the board; ef
(G) The performance of any faulty, inadequate, inefficient, or unsafe electrical, plumbing, low-voltage contracting, utility contracting, or conditioned air work likely to endanger life, health, or property. The performance of any work that does not comply with the standards set by state codes or by local codes in jurisdictions where such codes are adopted, provided that such local codes are as stringent as the state codes, or by other codes or regulations which have been adopted by the board, shall be prima-facie evidence of the faulty, inadequate, inefficient, or unsafe character of such electrical, plumbing, low-voltage contracting, utility contracting, or conditioned air work; provided, however, that the board, in its sole discretion, for good cause shown and under such conditions as it may prescribe, may restore a license to any person whose license has been suspended or revoked;
(H) With respect to utility contractors, the bidding by such a utility contractor in excess of license coverage; or
(I) With respect to utility contractors, violations of Chapter 9 of Title 25. (6) Review amendments to or revisions in the state minimum standard codes as prepared pursuant to Part 1 of Article 1 of Chapter 2 of Title 8; and the Department of Community Affairs shall be required to provide to the joint-secretary a copy of any amendment to or revision in the state minimum standard codes at least 45 days prior to the adoption thereof; and (7) Do all other things necessary and proper to exercise their powers and perform their duties in accordance with this chapter."
Section 7. Said chapter is further amended by adding immediately following Code Section 43-14-8.1 new Code sections to read as follows:
"43-14-8.2. (a) For purposes of this Code section only, 'division' means the 'Division of Utility Contractors.'
(b) No person shall engage in utility contracting unless such person has a valid license therefor from the Division of Utility Contracting.
(c) Any person desiring to qualify under the provisions of this subsection who meets the requirements of this subsection, submits proper application to the board, satisfactorily completes the examination required by this chapter, and pays or has paid the required fees and is not otherwise in violation of this chapter shall be issued a statewide Utility Contractor license.
(d) The decision of the division as to the qualifications of applicants taking the
required examination shall, in the absence of fraud, be conclusive. All individuals, part-
nerships, or corporations desiring to engage in the vocation of utility contracting after
July 1, 1990, shall take or have taken the examination and qualified under this Code
section before engaging in such vocation.

MONDAY, MARCH 6, 1989

1831

(e) No partnership or corporation shall have the right to engage in the business of utility contracting unless there is regularly connected with such partnership or corporation a person or persons, actually engaged in the performance of such business on a fulltime basis and supervising the utility contracting work of all employees of such partnership or corporation, who have valid licenses issued to them as provided in this chapter. In cases where a partnership or corporation has more than one office location from which utility contracting is performed, at least one person stationed in each branch office of such partnership or corporation, engaged in the performance of utility contracting on a full-time basis and supervising the utility contracting work of all employees of such branch office locations, shall have a valid license issued as provided in this Code section.
(f) It shall be the duty of all partnerships and corporations qualified under this Code section to notify the division, in accordance with board rules, of severance of connection with such partnership or corporation of any person or persons upon whom the qualification of any such partnership or corporation rested.
(g) (1) All applicants for examinations and licenses provided for by this Code section and all applicants for renewal of licenses under this Code section shall be required to fill out a form which shall be provided by the division, which form shall show whether or not the applicant is an individual, partnership, or corporation and, if a partnership or corporation, the names and addresses of the partners or the names and addresses of the officers, when and where formed or incorporated, and such other information as the division in its discretion may require. All forms of application for renewal of licenses shall also show whether or not the applicant, if it is a partnership or corporation, still has connected with it a duly qualified person holding a license issued by the division.
(2) An applicant shall include his safety policy or the safety policy of his corporation or partnership. An approved safety policy is required before an applicant will be issued a license. The safety policy shall provide the details of regularly scheduled safety meetings for all field personnel.
(h) The division shall notify each local governing authority of the provisions of this chapter relating to licensure, especially the provisions of subsection (b) of this Code section. The division shall notify such governing authorities that after July 1, 1990, any person desiring a license to engage in the vocation of utility contracting shall be required to pass an examination as provided in this chapter.
(i) The division shall require applicants for licensure under this Code section to file with their application and licensees under this Code section to file along with any license renewal fee financial statements containing information as prescribed by the division and to indicate the letter symbol indicating the maximum bid limits the applicant is requesting. No financial statements will be required of any applicant requesting licensure for letter symbol 'A' as provided in this subsection. Such financial statements shall be reviewed by the staff but shall not be inspected or reviewed by members of the board or division unless there is a problem or controversy arising pursuant to the provisions of this Code section involving such financial statements. Such financial statements shall be confidential information and shall not be available for inspection by contractors or the general public. The licenses granted under this Code section shall stipulate the type or types of work the utility contractor is permitted to bid on or to perform under that person's license and shall contain a letter symbol indicating the maximum limits on which that person is permitted to bid or perform in a single contract. The maximum bid limits shall be set by the formula of not more than ten times the net worth as shown by the applicant's latest financial statement and designated in the classification set out in this subsection that is the closest to this amount. Should the applicant's financial statement fail to substantiate the limits requested, further consideration may be given to:
(1) The present market value in lieu of book value of listed assets when properly supported with substantiating evidence; and
(2) A combined statement of the applicant that includes other wholly owned or
substantially owned interests.

1832

JOURNAL OF THE HOUSE,

When an applicant's financial statement qualifies for an amount in excess of classification 'C,' the limits shall then be set as classification 'U' - Unlimited. The following letter symbols indicate the maximum amount bid limits allowed a licensee on any single contract undertaking:
A - Not to exceed..................................................................................................$ 100,000.00 B - Not to exceed.................................................................................................. 500,000.00 C - Not to exceed.................................................................................................. 1,000,000.00 U - Unlimited (j) Any person desiring to change the limit of that person's license shall make application for revision of that license on the prescribed form furnished by the board. The application shall be supported by a current financial statement and evidence of that person's ability to furnish contract bond for such amounts as are required for the higher limitation for which that person is applying. Under no circumstances shall a utility contractor be permitted to bid in excess of that person's license coverage prior to the time such revision is effected. (k) It shall be unlawful for any contracting body to open or consider any bid for utility contracting unless the bidder has obtained the license required by this Code section and evidenced by the utility contractor license number written on the face of the bid envelope. (1) As a condition to the renewal of licenses, the division may require licensees to complete certain hours of continuing education in safety and technical training. 43-14-8.3. (a) After July 1, 1990, no person may be employed as a utility contracting foreman unless that person is certified by the division. (b) The division shall certify all applicants for certification under this chapter who satisfy the requirements of this chapter and the rules and regulations promulgated under this chapter. One requirement for such certification shall be the successful completion of a course of safety training in utility contracting approved by the division or pursuant to rules and regulations of the division the furnishing of proof that the individual has successfully performed work as a utility contracting foreman for a period of at least two years. For the purposes of this subsection, a program of safety training established by a public utility shall be an approved course of safety training. Application for certification shall be made on forms prescribed and furnished by the division and shall be accompanied by a fee as prescribed by the division. (c) No utility system shall be constructed, erected, altered, or repaired unless a utility contractor or utility contracting foreman is present at the job site of such construction, erection, alteration, or repair of the utility system."
Section 8. Said chapter is further amended by striking Code Section 43-14-15, relating to general applicability, and inserting in lieu thereof a new Code section to read as follows:
"43-14-15. (a) This chapter shall apply to all installations, alterations, and repairs of plumbing, air-conditioning and heating, or electrical or low-voltage wiring or utility systems within or on public or private buildings, structures, or premises except as otherwise provided in this Code section.
(b) This chapter shall not apply to the installation, alteration, or repair of plumbing, air-conditioning and heating, or electrical services, except low-voltage wiring services or utility systems, up to and including the meters where such work is performed by er and is an integral part of the system owned or operated by a public service corporation or the electrical, water, or gas department of any municipality in this state, in rendering its duly authorized service as such.
(c) This chapter shall not apply to the installation, alteration, or repair of plumbing, air-conditioning and heating, or electrical systems, except low-voltage wiring systems, or utility systems where such work is performed and is an integral part of the system owned or operated, in rendering its duly authorized service as such, by a railroad company, pipeline company, mining company, or public utility or municipal utility in the exercise of its normal functions as a public utility or where such work is an integral part of any irrigation system on farms, ranches, or other open, unpopulated areas where

MONDAY, MARCH 6, 1989

1833

such work will not be located within 30 feet of any dwelling or any building devoted to animal husbandry.
(d) This chapter shall not prohibit an individual from installing, altering, or repairing plumbing fixtures, air-conditioning and heating, air-conditioning and heating fixtures, utility systems, or electrical or low-voltage wiring services in a single-family dwelling owned or occupied by him; provided, however, that all such work must be done in conformity with all other provisions of this chapter and the orders, rules, and regulations of the board.
(e) This chapter shall not prohibit an individual from installing, altering, or repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, utility systems, or electrical or low-voltage wiring services in a farm or ranch building owned or occupied by him; provided, however, that all such work must be done in conformity with all other provisions of this chapter and the orders, rules, and regulations of the board.
(f) This chapter shall not prohibit an individual employed on the maintenance staff of a facility owned by the state or by a county, municipality, or other political subdivision from installing, altering, or repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, utility systems, or electrical or low-voltage wiring services when such work is an integral part of the maintenance requirements of the facility; provided, however, that all such work must be done in conformity with all other provisions of this chapter and the orders, rules, and regulations of the board.
(g) This chapter shall not prohibit any person from installing, altering, or repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, utility systems, or electrical or low-voltage wiring services in a farm or ranch service building. Nothing in this subsection shall be construed to limit the application of any resolution, ordinance, code, or inspection requirements of a county or municipality relating to such connections.
(h) This chapter shall not apply to low-voltage wiring performed by public utilities, except that such portion of the business of those public utilities which involves the installation, alteration, repair, or service of telecommunication systems for profit shall be covered under this chapter."
Section 9. Said chapter is further amended by striking Code Section 43-14-16, relating to exemptions, and inserting in lieu thereof a new Code section to read as follows:
"43-14-16. (a) This chapter shall not apply to: (1) The installation, construction, or maintenance of power systems or
telecommunication systems for the generation and or distribution of electric current constructed under the National Electrical Safety Code, which regulates the safety requirements of utilities; but the interior wiring regulated by the National Electrical Safety Code would not be exempt and must be done by an electrical contractor; or
(2) Any technician employed by a municipal or county-franchised community antenna television (CATV) system or a municipally owned community antenna television system in the performance of work on the system. (b) Reserved.
(c) This chapter shall not apply to any individual owner or lessee performing plumbing or related services upon residential property owned or leased by him and at which he resides.
(d) This chapter shall not apply to regular, full-time employees of an institution, manufacturer, or business which performs plumbing, electrical, low-voltage wiring, utility contracting, or conditioned air work unless the employer is engaged in the practice of plumbing, electrical, low-voltage wiring, utility contracting, or conditioned air contracting. Such employees are only exempt when working on the premises of that employer.
(e) Any person who holds a license issued to him under this chapter may engage in the business of plumbing, electrical contracting, low-voltage contracting, utility contract-
ing, or conditioned air contracting, but only as prescribed by the license, throughout this state; and, except as provided in Code Section 43-14-13, no municipality or county may
require such person to comply with any additional licensing requirements imposed by such municipality or county.

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JOURNAL OF THE HOUSE,

(f) This chapter shall not prohibit any person from installing, altering, or repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, utility systems, or electrical or low-voltage wiring services in a farm or ranch service building. Nothing in this subsection shall be construed to limit the application of any resolution, ordinance, code, or inspection requirements of a county or municipality relating to such connections.
(g) This chapter shall not apply to manufactured housing service personnel who: (1) Couple the electrical connection from the service entrance panel outside the
manufactured housing to the distribution panel board inside the manufactured housing;
(2) Connect the exterior sewer outlets to the above-ground sewer system; or (3) Connect the exterior water line to the above-ground water system. Nothing in this subsection shall be construed to limit the application of any resolution, ordinance, code, or inspection requirements of a county or municipality relating to such connections. (h) This chapter shall in no way prohibit the governing authority of any county or municipality in the state from adopting and enforcing codes at the local level. (i) Any person qualified by the Department of Transportation to perform utility contracting for the department shall not be required to be licensed under Code Section 43-14-8.2 or certified under Code Section 43-14-8.3 in order to perform utility contracting for the department."
Section 10. This Act shall become effective upon necessary appropriations being specifically made by the General Assembly to fund this Act.
Section 11. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Gresham of the 21st moves to amend the Committee substitute to SB 140 as follows:
Delete under Section 7 - page 12 - lines 19 through line 7 on page 14 and renumber all other paragraphs as necessary.

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

N Aaron Y Abernathy N Adams N Aiken N Alford Y Alien Y Athon Y Atkins
Bailey N Baker N Balkcom Y Bannister N Barfoot N Bargeron N Barnett.B Y Barnett,M
YBeck N Benefield
Benn N Birdsong
Bishop N Bostick
Y Branch Y Breedlove Y Brooks N Brown

N Buck N Buford NByrd N Carrell N Carter N Chambless N Chance Y Cheeks
N Childers Clark.B
Y Clark.H Y Clark.L Y Colbert Y Coleman
Colwell N Connell N Couch
Cox Y Crawford
Crosby Cummings.B N Cummings,M Y Davis.C Davis.G N Davis.M Dixon.H

N Dixon.S N Dobbs Y Dover N Dunn N Edwards Y Ehrhart Y Felton
Fennel N Floyd N Foster
N Godbee Y Goodwin
Green
N Greene Y Gresham N Griffin N Groover N Hamilton N Manner N Harris
N Hasty N Heard N Herbert N Holcomb N Holland N Holmes

N Hooks Y Howren N Hudson N Irwin YIsakson N Jackson,J N Jackson, W N Jamieson
Y Jenkins Johnson
Y Jones N Kilgore Y Kingston Y Lane.D
N Lane,R N Langford Y Lawrence Y Lawson NLee Y Linder N Long NLord N Lucas Y Lupton Y Mangum N Martin

Y McCoy N McDonald
N McKelvey Y McKinney.B N McKinney.C N Meadows
Milam N Mobley
N Moody Y Moore Y Morton N Moultrie
Mueller Oliver.C N Oliver.M NOrr N Orrock N Padgett N Pannell Y Parham Y Parrish N Patten N Pettit Pinks ton YPoag Y Porter

N Poston Powell
Y Rainey Randall
Y Ransom YRay N Reaves N Redding N Richardson Y Ricketson

MONDAY, MARCH 6, 1989

N Robinson N Royal
N Selman
N Simpson Sinkfield
N Smith,L
N Smith,P Y Smith.T Y Smith.W N Smyre

YSnow N Stancil,F Y Stancil.S Y Stanley
Steele N Stephens N Teper N Thomas.C
Y Thomas.M N Thompson

Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan
Waddle Walker.C N Walker.L
N Wall

1835
N Ware N Watson
Watts Y White Y Wilder N Williams.B
Williams,J Y Yates N Yeargin
Murphy,Spkr

On the adoption of the amendment, the ayes were 58, nays 94. The amendment was lost.

The Committee substitute was adopted.

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

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien
Y Athon Y Atkins
Bailey Y Baker Y Balkcom
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 N Buford YByrd Y Carrell
Y Carter Y Chambless Y Chance N Cheeks Y Childers
Clark.B

Y Clark.H Y Clark.L Y Colbert Y Coleman
Colwell Y Connell Y Couch
Cox N Crawford
Crosby Y Cummings.B N Cummings,M
Y Davis.C Davis.G
Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs N Dover YDunn Y Edwards N Ehrhart Y Felton
Fennel Y Floyd N Foster Y Godbee Y Goodwin
Green Y Greene
N Gresham N Griffin Y Groover Y Hamilton N Manner N Harris

Y Hasty Y Heard Y Herbert Y Holcomb N Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J
N 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 N Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey N McKinney.B

Y McKinney.C
Y Meadows Y Milam Y Mobley Y Moody N 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
NPoag Y Porter Y Poston Y Powell
N Rainey Randall
N Ransom NRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson

Sinkfield Y Smith,L Y Smith.P N Smith,T N Smith.W Y Smyre
YSnow Y Stancil,F Y StanciLS N Stanley Y Steele Y Stephens
Y Teper Thomas.C
Y Thomas.M Y Thompson
Thurmond Y Titus
Y Tolbert N Townsend
Twiggs Y Vaughan
Waddle Walker.C
Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White
N Wilder Y Williams.B
Williams,J N Yates N Yeargin
Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 131, nays 27.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Due to a possible conflict of interest, Representative Fennel of the 155th was excused from voting on SB 140.

1836

JOURNAL OF THE HOUSE,

Representative Mueller of the 126th stated that she had been called from the floor
of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.

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.

The following Committee substitute was read and adopted:

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; to provide for collection centers and requirements related thereto; to provide for inspections and maintenance of records; to provide for rules and regulations; to prohibit certain conduct; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to the control of infectious or contagious diseases in livestock, is amended by striking Part 3, relating to rendering and disposal plants, and inserting in lieu thereof a new Part 3 to read as follows:
"Part 3
4-4-40. As used in this part, the term: (1) 'Carcasses of domestic animals' means all or any part or portion portions of
any dead domestic animal not slaughtered for human consumption. (2) 'Collection center' means any approved facility where carcasses of domestic ani-
mals from state or federally licensed facilities are collected for loading into approved vehicles for delivery to a rendering plant.
(3) (3) 'Rendering plant' means a place of business or location or plant where the carcasses of domestic animals or packing house refuse or other refuse is purchased, received, or unloaded and where such carcasses or refuse is processed for the purpose of obtaining the hide, skin, grease, residue, or any other by-product from such animals or refuse in any way whatsoever. 4-4-41. It shall be unlawful for any person, firm, partnership, or corporation to engage in the business of operating a rendering plant without first applying for and obtaining a license from the Commissioner of Agriculture. Each license shall expire on March 1 December 31 of each year, and each application for a license must be accompanied by a license fee of $5.00. 4-4-42. Every licensed rendering plant which violates the laws of this state or the rules and regulations promulgated by the Commissioner pursuant thereto shall have its license revoked, canceled, or suspended upon a notice and hearing. 4-4-43. (a) It shall be unlawful for any person, firm, partnership, or corporation to operate a rendering plant unless the rendering plant:
(1) Th rendering plant and buildings sed in connection therewith: Is constructed according to blueprints approved by the Georgia Department of Agriculture; provided, however, that neither blueprints for nor alterations to facilities existing on July 1^

MONDAY, MARCH 6, 1989

1837

1989, shall be required except to the extent that alterations are necessary for compliance with the other provisions of this part, and to the extent that alterations are necessary for such compliance they shall be made not later than July 1^ 1990;
tAj Are constructed so tnftt tne tloops of 3.11 sucn Duiidiri^js tire of concrete OP other impervious material;
(B) Have adequate sanitary drainage and are se constructed and maintained tnat no unstcrilc liquid of otncr matter ts permitted te escape openly tncrcirom;
{ ) Are so maintained and operated and conducted as te be eJea and sanitary;
(2) AH vehicles used in the transportation of such carcasses or refuse en the public highways are ef such construction as te prevent any seepage or residue escaping therefrom. Has walls, floors, and ceilings of concrete or other impervious materials;
(3) Has ample hot water (140 degrees Fahrenheit) to facilitate cleaning of the building, equipment, and vehicles used to move products;
(4) Has adequate drainage constructed and maintained so that no liquid or other matter is permitted to escape therefrom unless into a sewage facility approved by the governmental authority having proper jurisdiction. The document showing approval of such sewage facility must be maintained at the plant for inspection review; and
(5) Is cleaned and sanitized daily to prevent odor and the accumulation of refuse. (b) It shall be unlawful for any person, firm, partnership, or corporation to operate a rendering plant unless all vehicles used in the transportation of carcasses or refuse on public highways are of such construction as to prevent seepage or residue from escaping. (c) Carcasses or refuse shall not be allowed to accumulate or be held for any period of time at any place other than a licensed slaughtering, processing, or rendering plant, or any combination thereof. Such licensed facilities shall have a procedure approved by the department if they accumulate or hold carcasses or refuse for longer than one day's operation. (d) Rodent and vermin control shall be diligently practiced with buildings and surrounding grounds kept clean and free of refuse, trash, and manure. (e) All barrels used for transportation and storage of carcasses or refuse shall be clearly marked 'INEDIBLE' with letters not less than two inches in height. 4-4-44. (a) It shall be unlawful for any person, firm, partnership, or corporation to operate a collection center until it has applied for and obtained a written permit from the Commissioner to carry on such an operation. (b) A collection center shall be located on a site in compliance with local zoning ordinances and shall have a sewage facility approved by the governmental authority having proper jurisdiction. (c) A collection center shall be covered by a metal roof or other permanent type covering with sufficient screened ventilators to allow air flow yet prevent the entry of rodents, birds, and insects. (d) A collection center shall have adequate drains m an impervious floor with adequate hot water (140 degrees Fahrenheit) to clean thoroughly the collection center premises. (e) A collection center shall be cleaned and sanitized daily. (f) The management of a collection center shall agree to hold inedible materials no longer than 24 hours. (g) With respect to any requirements of subsections (a) through (d) of this Code section which relate solely to the physical construction or alteration of a collection center, the collection center operator shall have until July 1^ 1990, to comply with such requirements. 4-4-44 4-4-45. Every rendering plant shall be subject at all times to inspection by the Commissioner. Each such rendering plant shall keep and furnish the Commissioner such information as he may by rule or regulation require concerning the collection, trans-
portation, distribution, and processing of the carcasses of dead domestic animals or packing house refuse and, further, shall keep and maintain sanitary at all times its vehi-
cles used in the collection, transportation, and distribution of dead domestic animals and
packing house refuse.

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JOURNAL OF THE HOUSE,

4-4-4 4-4-46. Any person affected by this part or by any rule or regulation adopted pursuant thereto to this part shall have and shall be required to exhaust the administrative remedies provided by Code Section 4-6-8.
4-4-46 4-4-47. The Governor is authorized to make available to the department the funds necessary to provide an inspection system for those slaughtering establishments in this state which are unable to qualify for federal inspection. The department is authorized to adopt appropriate grading standards to be used in the inspection of such establishments so as to indicate on each carcass inspected the grade and quality thereof.
4-4-4? 4-4-48. Any person, firm, partnership, or corporation which violates any provision of this part or any rule or regulation made pursuant thereto to this part shall be guilty of a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
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 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
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
Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
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 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 N Poag 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

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
Thomas.C Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert
Y Townsend 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
Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 159, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

MONDAY, MARCH 6, 1989

1839

The report of the Committee, which was favorable to the passage of 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
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 Colbert
Y Coleman Y Colwell
Y 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 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 Manner Y Harris

Y Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Y Howren 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
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
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 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 Y Stephens Y Teper
Thomas.C
Y Thomas.M Y Thompson
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 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.

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

HR 417. By Representative Lee of the 72nd:
A resolution recognizing and commending Chairman M. J. "Jerry" Hogan, Grand Marshal Charles R. Ray, and other representatives of the Savannah St. Patrick's Day Parade Committee.

HR 418. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Goodwin of the 63rd, Patten of the 149th and others:
A resolution commending Frances S. Duncan.

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

SR 92.

By Senators Foster of the 50th, Deal of the 49th, Tysinger of the 41st and others

1840

JOURNAL OF THE HOUSE,

A RESOLUTION
Creating the Joint Study Committee on Public School Choice; and for other purposes.
WHEREAS, demographic and labor market projections estimate that every American who is well educated will have a good job by the year 2000, but those who have dropped out or have graduated from high school without obtaining adequate literacy and computational skills will be virtually unemployable; and
WHEREAS, the changing demographic mix in our workforce indicates that soon roughly 25 percent of our population will be of age to collect Social Security benefits and other benefits which accrue to older citizens and that the cost of these benefits will be in large measure borne by the remaining 75 percent in the workforce; and
WHEREAS, those who are available for employment but are unemployable because of educational deficiencies will not add to the prosperity of the nation but instead will swell the welfare rolls and add to the expense of other social programs, making it absolutely essential that all children be well educated if they are to be productive citizens; and
WHEREAS, our current national educational system is not producing the results that will be necessary to meet these future needs because recent surveys show that four out of five young adults have severe difficulty in summarizing the main point of newspaper articles, reading bus schedules, or figuring change from restaurant bills, and the like, all of which are skills indicative of a general ability to understand and communicate; and
WHEREAS, more than 30 percent of young adults in this state drop out of school because their academic or social needs are not met in the school setting; and
WHEREAS, allowing parents choice with regard to choosing the public school their children will attend has produced improved performance of students and support for the public schools in various states and localities, including Minnesota, New York, Massachusetts, and others; and
WHEREAS, allowing a measure of choice gives parents the ability to choose the mix of services supplied by the public schools that best suits their preferences, and this fact stimulates the public schools to address more adequately the real needs of students and hence be both more responsive and more accountable; and
WHEREAS, the magnet school concept as used in local systems, which allows some limited choice, has been successful in raising standards and performance of students in many school systems; and
WHEREAS, public school choice is more economically efficient because it allows consumers of education services to make their preferences financially important to local school officials; and
WHEREAS, the Education Commission of the States and the National Governors' Association, among others, including President Bush, view public school choice as essential in bringing our educational system into the twenty-first century.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on Public School Choice to be composed of eight members, four from the House of Representatives chosen by the Speaker of the House, and four from the Senate chosen by the President of the Senate, so that one of whom from each chamber will be designated cochairman. The committee is authorized to conduct a thorough and continuing study of the issues relating to public school choice, including all aspects relating to adoption, implementation, and funding of such a plan. The committee is authorized to seek the advice and counsel of those knowledgable in this area and of persons, groups, and organizations which the committee feels will be able to assist it in the discharge of its responsibilities.

MONDAY, MARCH 6, 1989

1841

BE IT FURTHER RESOLVED that the members of the committee shall receive the expenses and allowances provided by law for legislative members of interim legislative committees but shall not receive the same for more than ten days unless additional days are authorized. The committee shall meet upon the call of the cochairmen and is authorized to hold meetings and conduct studies at such times and places as the committee deems advisable in carrying out its duties. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or available to the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 1989. The committee shall stand abolished on December 31, 1989.

The following amendment was read and adopted:

Representative Mangum of the 57th moves to amend SR 92 as follows: On Page 3; line 24 change the word ten to five.

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

Y Aaron Y Abernathy Y Adams Y Aiken
Alford 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 Benn
Y Birdsong Bishop
Y Bostick Y Branch Y Breedlove N Brooks
Brown YBuck Y Buford YByrd Y Carrell Y Carter
Chambless Y Chance
Y Cheeks Y Childers N Clark.B

Y Clark.H Y Clark.L Y Colbert
Y Coleman Y Colwell Y Connell
Y Couch Cox
Y Crawford Crosby
Y Cummings.B N 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 Y Felton Y Fennel Y Floyd
Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresbam Y Griffin Y Groover Y Hamilton
Manner Y Harris

Y Hasty Y Heard
Herbert
Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
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
Lawrence Y Lawson YLee Y Under Y Long
YLord 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
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 N Randall
Ransom
Ray Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson
Y Royal 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 Y Teper Y Thomas.C
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 N White Y Wilder
Williams.B Williams,J
Y Yates Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, as amended, the ayes were 143, nays 6.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

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JOURNAL OF THE HOUSE,

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

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 Senate substitute was read:

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 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

MONDAY, MARCH 6, 1989

1843

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 commissioner of corrections, 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 three 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 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.

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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 24^ 1988 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 2A-, 1988 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: 41) 'Area planning commission' means any area planning and development
commission er any metropolitan area planning a-ftd development commission created in accordance with this chapter.
42) (1) 'Board' means the Board of Community Affairs. 43) (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, as proposed, prepared, proposed to be implemented, or implemented;
(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 article; or
(E) 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 developments of regional impact, as defined by the department pursuant to this article. 44) (5) 'Constitution' means the Constitution of the State of Georgia. 46) (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 te authorized to assist in the perfor-
mance of local government services. 46) (8) 'County' means any county of this state.

MONDAY, MARCH 6, 1989

1845

47} (9) 'Department' means the Department of Community Affairs.
{&} (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.
49) (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 authorities.
4iO) (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. 441) (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.
442} (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. 443} (16) 'Municipality' means any municipal corporation of the state and any con-
solidated city-county government of the state. 444) (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; (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. 44&) (21) 'Rural area' means any nonurban area in the state as defined in rules and
regulations of the department. 446) (22) 'School district" means any school district, independent school system, or
other local school system in the state.

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(i?) (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 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; (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 4&) (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: \ 1 ) JVlcmbcrs OT tnc board serving immediately prior to r cbruary ^4, lUoo, snail

MONDAY, MARCH 6, 1989

1847

(1) The terms of all members of the Board of Community Affairs serving immediately prior to July , 1989, shall expire effective July 1^ 1989. The Governor shall appoint the initial members of the board for terms beginning on July J^ 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 !_ thereafter through July lj 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. T-he mem ocrsnip 9nB.ll include, at fill times, live memocrs wno arc elected
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;
(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; snd T TTT upon expiration OF termination of st member s term, tne taovernor does not reappomt tne board memucr wnose term is expiring OF tcrminating, trie following procedure shall apply:
Governor shall appoint a new member from the same congressional district;
snaii appoint a new memDer from the state at targe; and
k either as elected official ef a municipality or a county, as the ease may be; and (5) Membership on the board does not constitute public office to the extent that a member of the board is precluded from holding other public office, (c) Officers of the board shall be elected and shall serve as follows:

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(1) The officers of the board serving immediately prior to February 34; 1988 July !_, 1989, shall continue cease to serve the respective terms for which they were elected, effective July 1, 1989; and atrtil their respective successors are elected and qualified;
(2) Thereafter the members of the board shall elect a chairman, a vice chairman, and a secretary from among the members of the board;
(3) The board shall elect officers at each May meeting or, if there is no May 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 v
(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) The board shall determine and establish, from time to time, the territorial bound-
aries 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 34; 1988 July 1^ 1989, shall continue to exist in accord-
ance 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; 1088 July 1^ 1989, shall continue to serve as commissioner at the pleasure of the board. Thereafter the commis-
sioner shall be appointed by the board and shall serve at the pleasure of the board. The
board shall establish the compensation for the commissioner. (b) The commissioner shall have and may exercise the following power and author-
ity: (1) The power and authority to take or cause to be taken any or all action neces-
sary to perform any local government services or otherwise necessary to perform any

MONDAY, MARCH 6, 1989

1849

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 services1 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
43) (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 34; 1988 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 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 ake 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

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JOURNAL OF THE HOUSE,

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:
hcnsive source ef information available te 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 governmentSj regional development centers, and state agencies and with respect te state government. The Georgia data bank base and network shall 9e 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;
{2} T-he department shall, every twe years, prepare a growth and development prof-ite ef the state. The profile and the maps and descriptions which accompany the protile snail include a general description ot tnc existing and probable tuture patterns et growtn and development and snail describe significant proDlems related to tncse pat-
Dank and, wncrc available, information developed Dy otncr state agencies. Tfl addition, the department may develop its ewn information. This profile shall be submitted biennially te the Governor and te the General Assembly fer their information and use in developing policies for the state;
43) (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: This rural economic development pta shall be revised and updated at the same time ss liie ^jrowtn ftno. development profile of tnc stflte propftrCQ lor suomission to

(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;
(&) (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 dis-
seminate 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.

MONDAY, MARCH 6, 1989

1851

(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. 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:
(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

1852

JOURNAL OF THE HOUSE,

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 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, 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 depart-
ment pursuant to Code Section 50-8-7.1 shall be submitted by the department to the House Committee on State Planning and Community Affairs and the Senate Committee on Governmental Operations and shall become effective on the sixtieth day from the
date of submission unless the commissioner is notified of an objection or objections by

MONDAY, MARCH 6, 1989

1853

either committee. If either committee notifies the commissioner of an objection or objections, then the committees shall conduct joint meetings with the commissioner as many times as necessary within a time period of 30 days from the date of the notice for the purpose of resolving the objection or objections and of specifying a revised effective date for the initial minimum standards and procedures.
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 9haH 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 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 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 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.

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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 precluded by general law, these purposes may include, but shall not be limited to, assisting in or furthering any of the purposes, duties, responsibilities, functions, power, or authority of local governments or the department. These purposes may also include, but shall not be limited to, establishing, developing, constructing, improving, maintaining, restoring, or protecting local government projects or purposes of any nature, such as:
(A) Construction projects;
(B) Capital outlay projects; (C) Infrastructure projects;
(D) Planning services; (E) Technical assistance;
(F) 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;
4H-) (I) Operating expenses; 41} (J) Housing projects; (J) (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 appropria-
tions to the department; 4fc) (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 Com-
munity Development Act of 1974, as amended, or any successor to the Housing and Community Development Act of 1974;
4N) (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; 4} (P) Any project or purpose authorized by federal or state law; or
4P) (Q) Any other project or purpose consistent with the duties, responsibili-
ties, 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 depart-
ment may be authorized by the Governor to disburse such emergency funds to the local government or other eligible recipient; and :

MONDAY, MARCH 6, 1989

1855

(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. 4e) (d) The department is authorized and shall have all powers necessary to participate in federal programs and to comply with laws relating thereto.
44) (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.
(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. 4g) (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
S4-, 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 depart-
ment 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 con-
stitute or be intended to constitute security for bonds or other obligations issued by any public agency, public corporation, or authority. No such contract shall constitute a
pledge or loan of the credit of the state to any individual, company, corporation, or association, and the state, through the department, shall not become a joint owner or stock-
holder in or with any individual, company, association, or corporation. (b) The power and authority of the department under this Code section to enter into
contracts shall be limited to entering into contracts permitted under the Constitution
and laws of the state and as specified in this Code section but shall not otherwise be limited.
50-8-10. (a) The department shall perform the duties, responsibilities, and functions
and may exercise the power and authority described in this Code section. The 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 neces-
sary, 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 toj comprehensive plans of all governments acting within

1856

JOURNAL OF THE HOUSE,

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 34j 1988 July 1^ 1989. To the extent permitted by law, the Governor may, by executive order issued on or after February 24; 1088 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 to further or assist in promoting or implementing coordinated and comprehensive planning as authorized in this article;
(3) (3) The department shall promote and encourage assistance from private entities and individuals in carrying out and performing local government services;
(& (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
f&) (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 it
with the proviaiona ef this article. The committee shall ndviac the commiasioncr asd the board in mattcra relating te the financial and operational conditiona; programa, i intergovernmental rclationahips, and collective planning studico ef area commissions. The members ef- the committee serving immediately prior te February 24y
until their respective aucccaaora are appointed and qualified. Thereafter, the Governor

MONDAY, MARCH 6, 1989

1857

years and until their oucccaaora are appointed and qualified. The committee shall consist
committee shall cease te be a member ef tat area planning commission in the state, sneh mcniDcr sfiftii no longer i&c fl memoer Or the coiftmitteC) find tftc O over nor sri8ii flppointt

from ftoiQinj5 otrier puoiic otiicc. EJSCH incm DCr ot trie cornmiixce 9fis.il
each day a committee member is m attendance at a meeting ef the committee and shaH receive reimbursement for actual transportation eests incurred while traveling by public carrier er the allowance authorized for state officials and employees for the se ef a per-
ancc or rcimburocmont authorized by this subsection shell be paid from funds

commissioner er the chairman ef the committee may call additional special ; fb) The commiaaioncr may create advisory councils in accordance with Code
0-4-47 The commissioner may name er otherwise dcaignato such advisory councils as the commiaaioncr dccma 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. The Board ef Community Affairs, m consultation with the Advisory

Committee en Area Planning and Development^ local governments, asd state agencies,

shall report te the Governor the boundaries for area planning and development commis-

sions embracing the entire state. Ne county shall be divided in forming an area planning

and development commission. The boundaries fer existing area planning and develop-

ment commiaaions 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 impor-

tance to the state and its citizens. The state has an essential public interest m establish-

ing 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 pi interests of the state. The

of this article is to

regional development centers to develop, promote, and assist in establishing coordinated

and comprehensive planning in the state, to assist local governments to participate [n

an orderly process for coordinated and comprehensive planning, to assist local govern-

ments 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 inter-

ests 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 U^

Paragraphs III and IV.

60-8-31. (a) At any time subsequent te the establishment ef the boundaries ef any

area planning and development commission pursuant te OOQC ocction oU"0 oU,~ any unit

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JOURNAL OF THE HOUSE,

er units of local government may petition the Board ef Community Affairs to amend er change the boundaries.
Development, shall create and promulgate policies and procedures for effecting changes ef boundaries.
fe) Ne boundary ef an area planning and development commission may be changed wy tnc JDoard of Oomm unity yvitairs witnout tnc approval ot a majority ot tne board
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 elected official' means the official of any county or municipality elected as chief elected official (regardless of whether the position which is, m fact, that of chief elected official is called chairman, mayor, or by any other designation) or, for any counties or municipalities where no person is elected as chief elected official, 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 Article 1. of this chapter. (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 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) 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 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) or paragraph (3) of subsection (e) 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.

MONDAY, MARCH 6, 1989

1859

(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 I of this chapter. (19) 'Municipal board member' means any member of the board representing a municipality, determined pursuant to paragraph (2) of subsection (b) or paragraph (3) of subsection (e) 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 any board member who is a resident of a county within the region and is elected as a nonpublic member for that county pursuant to paragraph (3) of subsection (b) or paragraph (3) of subsection (e) 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. (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 by the board of the department. (25) 'Regional development center' means a regiona: 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 att of local government shall be represented in an area planning and development commigaion until it joins a 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

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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 of commission representatives, btrt such bylaws shall be subject te the following requirements governing the membership of the commission:
(1} y\t least two-tnirds of tnc membership snail i&e memocrs of tnc governing Dodics of counties and municipalities wnicn nave joined tnc area planning and development commission, and such members ef the commission shall be appointed by
require tnat lUv percent of tnc commission snail ee mcmocrs ef tnc governing DOQICS ef such counties and municipalities;
ef its governing bedy en the commission, and at least ene municipality
en the commission; and
tnc counties and municipalities wnicn nave joined tnc area planning and development commiaaion.
fling and development commission catabliahcd 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.
(b) (1) Each county and municipality in the state shall pay the annual dues for membership in its regional development center. Each county and the municipalities within such county shall continue to use the arrangement for the payment of dues which was in effect on June 30j 1989, for the payment of dues to the area planning and development commission which preceded the regional development center created by this article until a revised arrangement for the amount, apportionment, and payment of annual dues is established by the county and the municipalities within such county. If an arrangement for the payment of such dues i^ structured so that a county pays dues only on behalf of residents of the unincorporated areas of the county, then the annual dues paid by such county shall come solely from revenues derived from the unincorporated areas of the county.
(2) State funds appropriated to the department and available for the purpose of assisting regional development centers shall be distributed in accordance with this paragraph. The department shall establish a minimum funding amount for regional development centers, conditioned upon the amount of state funds appropriated, and a supplemental funding formula to be used for the distribution of available state funds in excess of the minimum funding amount. To be eligible for the minimum funding amount, each regional development center must assess and collect annual dues in the amount of 25g for each resident of each county within the regional development center, based upon the most recent estimate of population approved by the department for this purpose. To be eligible for any supplemental funding, each regional development center shall be required to match the amount of the supplemental funds on a dollar-for-dollar basis and shall only use for the purpose of computing matching funds revenues of the regional development center in excess of the amount required for the minimum funding amount.
(3) The initial supplemental funding formula established by the department to be used for the distribution of available state funds in excess of the minimum funding

MONDAY, MARCH 6, 1989

1861

amount shall be submitted by the department to the House Committee on State Planning and Community Affairs and the Senate Committee on Governmental Operations and shall become effective on the sixtieth day from the date of submission unless the commissioner is notified of an objection or objections by either committee. If either committee notifies the commissioner of an objection or objections, then the committees shall conduct joint meetings with the commissioner as many times as necessary within a time period of 30 days from the date of the notice for the purpose of resolving the objection or objections. 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 elected official of each county in the region shall be a county board member;
(2) The chief elected official of each municipality in the region shall be a municipal 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) (1) Notwithstanding the other provisions of subsection (b) of this Code section, the board of a regional development center shall have the authority to expand its membership to the extent required to meet board membership requirements imposed by any state or federal program for which the regional development center js or, upon such expansion of board membership, will become the administering agency. Any change in board membership as authorized by this subsection shall be proposed by resolution of the board and submitted to the department for approval. Each such resolution shall describe the federal or state program which imposes the requirement for additional board membership and shall specify the proposed number of additional board members, the number of additional board members who shall be elected as county board members, as municipal board members, and as nonpublic board members, and such other information as the department may, from time to time, require. No proposed change in membership shall become effective without prior approval of the department. The department shall promulgate guidelines to assist regional development centers in meeting membership requirements imposed by state and federal programs but such guidelines shall in no event prohibit regional development centers from meeting such requirements.

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(2) If the membership of a board of a regional development center is expanded pursuant to paragraph (1) of this subsection, the votes among members of that board shall be allocated as follows:
(A) Each county member shall have one vote or, if there is more than one county board member from the same county, the county board members from the same county shall have one collective vote;
(B) Municipal board members from the same county shall have one collective vote; and
(C) Each nonpublic board member shall have one vote or, if there is more than one nonpublic board member from the same county, the nonpublic board members from the same county shall have one collective vote. (3) Notwithstanding the other provisions of this Code section, any additional board membership approved pursuant to paragraph (1) of this subsection shall be filled by members elected by the board from among the following classes, in such number or numbers from each class as the department may have approved pursuant to paragraph (1) of this subsection, and such additional members shall be designated as follows:
(A) Any member who is an elected official of a county in the region shall be a county board member;
(B) Any member who is an elected official of a municipality in the region shall be a municipal board member; and
(C) Any member who is a resident of a county within the region and is elected as a nonpublic board member shall be a nonpublic board member. (4) Notwithstanding the other provisions of this Code section, if the membership of a board of a regional development center is expanded pursuant to paragraph (1) of this subsection, the other provisions of this Code section shall apply except as specified in this subsection, and such other provisions of this Code section shall be construed accordingly. (f) The board shall hold meetings not less than four times in each year, beginning on July I and continuing through the next June 30. (g) 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. (h) (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. (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.
(i) 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 meet-
ing designated for that purpose in bylaws of the center.

MONDAY, MARCH 6, 1989

1863

(j) 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 in lieu of any other per diem, allowance, remuneration, or compensation.
(k) 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 baied 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 ad 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 e* agreements necessary or incidental to the performance of its duties and functions. Neither a commias4o center, nor any nonprofit corporation established or controlled by that commission center, may enter into any contract or agreement obligating that commissien center or nonprofit corporation to perform services for any political subdivision, individual, or business entity located wholly outside the boundaries of that commiasion 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 centers;
(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 Administrative 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 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 ity board or the department shall require from time to time;

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(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 ad 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 adopt personnel policies and practices with specific reference to job descriptions and qualifications. The personnel of each regional development center shall include a qualified planner, an economic development specialist, and a
finance director. Qualifications for such positions shall include relevant education and experience as determined by the board of the regional development center.
(c) 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, pre-
paration, 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;
(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.
(d) Each center shall participate in compiling a Georgia data base and network, coordinated by the department, to serve as a comprehensive source of information avail-
able, in an accessible form, to local governments, state agencies, and members of the General Assembly.
(e) A center shall serve as liaison with other governments, including federal govern-
ment agencies and state agencies. In this capacity, a center may administer programs

MONDAY, MARCH 6, 1989

1865

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 put its responsibilities, duties, and functions under any such state or federal programs.
60-8-36. Each area planning and development commission shall:
the area for federal er state grant assistance, provided that application review and comment snail i&c performed only wncn required by specific grant programs, of tnc local government within its area planning and development commission;
direction ot, on forms and in a format prescribed by and subject to review by tnc Department ef Community Affairs;
43) Prepare a forecast for the development ef the area ef such commission m
te the period ef time beyond that ef the area biennial development program, ft should

\4} uollcct, process, and analyze, under tnc direction of tnc IJcpartmcnt of L^om munity Affairs, information regarding the operations ef political subdivisions and social, economic, and geographic statistics for the 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. 4b) Except as otherwise provided by subsection 4d} ef this Code section, ne authority granted to area planning and development commissions by Oodc occtions ou"tt o4
ef governmental services te consumers ef te administer contracts fef the delivery ef governmental services te consumers except contracts fef the administration ef human
development commissions snail tie autnorizcd te provide tccnnical assistance te units ef
and includes, by way ef illustration and net ef limitation, the following governmental
41) Law enforcement, including arrest, detention, and court administration; 42) Fire protection;
44) Street and read construction and maintenance, including curbs, sidewalks, and street lights;
46) Parka and recreation areas and facilities; 46) Development, storage, treatment, purification, and distribution ef water; 47) Storm water and sewerage disposal system; 48) Pttbtte housing; 49) Airport construction and maintenance;

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(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
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 wea planning and development commission regional development center.
(d) Notwithstanding any limitations otherwise provided by Code through 60-8-37, an area planning and development commission may ter, 01 operate any program involving services HI addition TO numan service programsf eta authorized by paragraph <44^ of Code Section 50-8-34, or engage m the direct delivery
and development commission was managing, administering, of operating such programs
authorization snail include continuation of renewal of sucn programs at any level of lunding or addition of new program components to tne programs and continuation ot renewal of arrangements for such direct delivery of goods 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 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 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 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

MONDAY, MARCH 6, 1989

1867

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. Beginning July 1, 1990, the books of account shall be kept in a standard, uniform format to be determined by the state auditor and the commissioner. Each regional development center shall update its books of account on a quarterly basis and shall present the quarterly update to the commissioner. 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 lj 1989, and each such regional development center shall be governed, from and after July 1^, 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.

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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 commiaaion 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.
oU O"4U. iNotning in tnis article snail we construed to limit tne powers of any unit of local government.
50 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.
50 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 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 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:

MONDAY, MARCH 6, 1989

1869

"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 Com-
munity 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 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 consoli-
dated 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 developing, establishing, and implementing its comprehensive plan;

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(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 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. The minimum standards and procedures shall be developed in accordance with paragraph (2) of subsection (b) of Code Section 50-8-7.1 and in accordance with Code Section 50-8-7.2 with the exception that the initial minimum standards and procedures developed by the department shall be submitted to the House Committee on Natural Resources and Environment and the Senate Committee on Natural Resources rather than the committees named in Code Section 50-8-7.2.
(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

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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 en 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:
"{) 'Commission' (4) 'Center' means the area planning and development commis sion er metropolitan area planning and 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 ef 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."

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"(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 commission 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 unlaw-
ful for any person to erect, maintain, suffer, or permit any structure, dam, obstruction,

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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 commiooion 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 commission 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 commiaaion 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 commiaoion center may do any one of the following:
(A) Recommend modification of the application in such manner as to be consistent with the plan;

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(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."

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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 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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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 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 and develop mcnt 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:

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(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 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 area planning aaet^t 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 ad 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."
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

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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 commiaaion 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, an 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 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 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

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JOURNAL OF THE HOUSE,

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 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 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 and 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 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 commiasiona (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."

MONDAY, MARCH 6, 1989

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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'a) 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 and development commissions regional development centers."
Part 7
Section 7.1. All laws and parts of laws in conflict with this Act are repealed.

Representative Lane of the 27th moved that the House disagree to the Senate substitute to HB 215.
The motion prevailed.

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 following Senate substitute was read:

A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Gordon County, Georgia, to the City of Calhoun; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located in the City of Calhoun, Gordon County, Georgia; and
WHEREAS, said real property is described as follows: All that certain tract or parcel of land situate, lying and being in the City of Calhoun, Georgia, and in Land Lot 206 of the 14th District of Gordon County, Georgia, and being more particularly described as follows, to wit: "To find the POINT OF BEGINNING, begin at a point formed by the intersection of the easterly right-of-way line of King Street with the southerly right-of-way line of Court Street; running thence easterly south 82 =54' east along the southerly right-ofway line of Court Street a distance of 80', more or less, to an iron pin set, the POINT OF BEGINNING; thence running southerly 18 =57' west a distance of 279.4', more or less, to an iron pin set on the northerly right-of-way of Oothcalooga Street; thence running southerly 75 =55' east along the northerly right-of-way line of Oothcalooga Street a distance of 38', more or less, to an iron pin set in the northerly right-of-way line of Oothcalooga Street; thence running northerly a distance of 270', more or less, to the POINT OF BEGINNING." (said tract or parcels shall be more particularly described by a plat of survey obtained by the purchaser and presented to and approved by the State Properties Commission); and
WHEREAS, the State of Georgia currently has the above-described property leased to CSX Transportation, Inc., (formerly known as the Louisville and Nashville Railroad Company and Seaboard System Railroad) until December 31, 2019; and
WHEREAS, the City of Calhoun owns property adjoining the above-described property; and

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WHEREAS, the City of Calhoun is desirous of obtaining the above-described real property.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
Section 2. That the conveyance of the above-described real property shall be conditioned upon the lessee of the Western and Atlantic Railroad, CSX Transportation, Inc., (formerly known as the Louisville and Nashville Railroad Company, and Seaboard System Railroad) conveying its interest in said property to the State of Georgia by appropriate instrument.
Section 3. That, notwithstanding Resolution Act 47 passed by the 1979 Regular Session of the General Assembly and approved by the Governor on April 19, 1979 (Ga. L. 1979, p. 1363), the State of Georgia, acting by and through its State Properties Commission, is authorized to sell and convey the above-described real property by appropriate instrument to the City of Calhoun for a consideration of $650.00 as long as the property is utilized for public purposes and upon such further considerations, terms, and conditions as directed by the State Properties Commission.
Section 4. That the above-described real property is conveyed only for use for public purposes and the conveyance shall be valid only so long as the City of Calhoun and its successors and assigns continue to use the said property for public purposes; and, should said property be permanently abandoned or the use thereof for public purposes be permanently discontinued, said real property shall revert to the State of Georgia.
Section 5. That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the Official Code of Georgia Annotated, requiring that a conveyance of real property be filed with the State Properties Commission and accompanied by a plat of the property conveyed, the plat or drawing of the property, the conveyance of which is authorized by this resolution, presented to and approved by the State Properties Commission, shall constitute an acceptable plat for filing.
Section 6. That a resolution, Resolution Act No. 133, H. R. 507-1312, authorizing the conveyance of certain state owned real property located in Gordon County, Georgia, to Mr. Clifford W. Smith, approved April 2, 1980 (Ga. L. 1980, p. 1484), is repealed in its entirety.
Section 7. That a resolution, Resolution Act No. 67, H. R. 585, authorizing the conveyance of certain state owned real property located in Gordon County, Georgia, to Mr. Clifford W. Smith, approved March 31, 1988 (Ga. L. 1988, p. 774), is repealed in its entirety.
Section 8. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval and in accordance with the provisions hereof.
Section 9. That all laws and parts of laws in conflict with this resolution are repealed.

Representatives Langford of the 7th moved that the House agree to the Senate substitute to HR 99.
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 Y Balkcom Y Bannister

Y Barfoot Y Bargeron Y Barnett.B

MONDAY, MARCH 6, 1989

1883

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 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 N 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 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

On the motion, the ayes were 159, nays 1. The motion prevailed.

Y Morton
Y Moultrie 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
Richardson Y Ricketson Y Robinson Y Royal
Selman Simpson
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
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 Y Watson Y Watts Y White
Wilder Y Williams.B
Williams.J Y Yates Y Yeargin
Murphy.Spkr

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 Senate substitute was read:

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 POTW's exceeding the
POTW's assigned effluent limitation for at least five days out of each seven-day period during a total period of 180 consecutive days.

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(3) 'Major spill' means the discharge of pollutants into the waters of this state by a POTW at a rate substantially exceeding the effluent limitation of the POTW, 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.
(5) 'Publicly Owned Treatment Works' or 'POTW means the city, town, county, district, association, or other public body created by or pursuant to state law or federal law that owns and operates a treatment works and, where appropriate, shall include the treatment works and any sewers or other appurtenances that convey waste water to the treatment works. (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 POTW; (2) For the POTW 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 POTW, 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.

Representative Athon of the 57th moved that the House agree to the Senate substitute to HB 345.
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 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
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
Y Felton 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 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 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 Oliver.C
Y Oliver.M YOrr Y Orrock
Y Padgett Y Pannell YParham 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 Selman 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
Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson

MONDAY, MARCH 6, 1989

1885

Y Thurmond Y Titus YTolbert Y Townsend

Y Twiggs Y Vaughan
Waddle Y Walker.C

Y Walker,L Y Wall
Ware Y Watson

On the motion, the ayes were 162, nays 0. The motion prevailed.

Y Watts White Wilder
Y Williams.B

Williams,J Y Yates Y Yeargin
Murphy.Spkr

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.

The following Senate substitute was read:

A BILL
To provide for the board of elections of Bartow County; to provide for the rights, powers, duties, and authority of the board; to provide for appointment and terms of members; to provide for a chairman and executive secretary; to provide for qualifications; to provide for appointment procedures; to provide for vacancies; to provide for resignation or removal of members; to provide for certain oaths and privileges; to provide for offices, assistants, and employees; to provide for definitions; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. There is created the board of elections of Bartow County which shall have jurisdiction over the conduct of primaries and elections in Bartow County in accordance with the provisions of this Act.
Section 2. The board of elections of Bartow County shall be composed of three members, each of whom shall be an elector and resident of the county and who shall be selected in the following manner:
(1) The judge of the Superior Court of Bartow County who is a resident of Bartow County having the most service as a judge of the Superior Court of Bartow County or, if no judge of the Superior Court of Bartow County is a resident of such county, the governing authority of the county shall prepare a list containing the names of not more than three individuals for each post on the board of elections;
(2) (A) One of such lists shall contain only names of individuals who are members of the political party which received the highest number of votes within the county for its candidate for President of the United States in the general election immediately preceding the appointment of the member.
(B) One of such lists shall contain only names of individuals who are members of the political party which received the second highest number of votes within the county for its candidate for President of the United States in the general election immediately preceding the appointment of the member.
(C) One of such lists shall contain only names of individuals who are not officers or members of the executive committee of any political party at the time of such member's appointment or at any time during such member's term of office as a member of the board of elections; and (3) The grand jury shall appoint one member from each list of nominees provided for in paragraphs (1) and (2) of this section.
Section 3. The members of the board of elections shall appoint one of the members of the board to serve as chairman of the board.
Section 4. The chief registrar of the county shall be designated executive secretary of the board of elections and shall perform such duties as may be specified by the board. The executive secretary shall not be a voting member of the board.

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Section 5. In making the initial appointments to the board, the grand jury of the county shall appoint one member for an initial term beginning on July 1, 1989, and ending on December 31, 1990; one member for an initial term beginning on July 1, 1989, and ending on December 31, 1991; and one member for an initial term beginning on July 1, 1989, and ending on December 31, 1992. Each member shall serve until a successor is appointed and qualified. Thereafter a successor to each member of the board shall be appointed for a term of four years and until his successor is appointed and qualified. Each member of the board shall take office on January 1 of the year immediately following the year in which such member was appointed.
Section 6. No person who holds elective public office shall be eligible to serve as a member during the term of such elective office and the position of any member shall be deemed vacant upon such member's qualifying as a candidate for elective public office.
Section 7. The appointment of each member shall be made by the grand jury of the county by filing an affidavit with the clerk of the superior court no later than 30 days preceding the date at which such member is to take office, stating the name and residential address of the person appointed and certifying that such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the court and shall certify the name of each appointed member to the Secretary of State and shall provide for the issuance of appropriate commissions to the members, within the same time and in the same manner as provided by law for registrars. In the event the grand jury fails: (1) to make a regular appointment within the times specified in this section and in Section 2; or (2) to make an interim appointment to fill a vacancy within 90 days after the creation of such vacancy, such regular member or the member to fill such vacancy shall be appointed forthwith by the judge of the Superior Court of Bartow County who is a resident of Bartow County having the most service as a judge of the Superior Court of Bartow County, or if no judge of the Superior Court of Bartow County is a resident of such county, by the governing authority of the county.
Section 8. Each member of the board shall serve until his successor is appointed and qualified, except in the event of resignation or removal as provided in this Act, and shall: (1) be eligible to succeed himself and shall have the right to resign at any time by giving written notice of his resignation to the grand jury, the governing authority of the county, and to the clerk of the superior court; and (2) shall be subject to removal from the board at any time, for cause after notice and hearing, in the same manner and by the same authority as provided for removal of registrars.
Section 9. In the event a vacancy occurs in the office of any member before the expiration of his term, by removal, death, resignation, or otherwise, the grand jury of the county shall appoint a successor to serve the remainder of the unexpired term. Such appointment shall be made in the same manner as an original appointment to such post. In the event a vacancy occurs in the office of the executive secretary by reason of the death of the executive secretary or his removal or resignation as chief registrar, the office of executive secretary shall be filled by the person succeeding to the office of chief registrar. The clerk of the superior court shall be notified of interim appointments or elections and changes in the office of the executive secretary and record and certify such appointments or elections and changes in the same manner as the regular appointment or election of members and designation of the executive secretary.
Section 10. Before entering upon his duties, each member shall take substantially the same oath as is required by law for registrars and shall have the same privileges from arrest.
Section 11. The board of elections shall: (1) With regard to the preparation for conduct and administration of elections,
succeed to and exercise all duties and powers granted to and incumbent upon the judge of the probate court pursuant to Chapter 2 of Title 21 of the Official Code of

MONDAY, MARCH 6, 1989

1887

Georgia Annotated, the "Georgia Election Code," as the same now exists or may hereafter be amended, or any other provision of law, or both.
(2) With regard to preparation for and conduct of primaries, succeed to all the duties and powers granted to and incumbent upon the judge of the probate court by Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," as the same now exists or may hereafter be amended.
Section 12. The board shall be responsible for the selection, appointment, and training of poll workers in elections, and such workers shall be appointed, insofar as practicable, from lists provided the board by the county executive committee of each political party.
Section 13. The chairman of the board of elections shall be the chief executive officer of the board of elections and shall generally supervise, direct, and control the administration of the affairs of the board of elections pursuant to law and duly adopted resolutions of the board of elections. The board of elections shall fix and establish by appropriate resolution entered on its minutes, directives governing the executions of matters within its jurisdiction.
Section 14. Compensation for the members of the board of elections, clerical assistants, and other employees shall be such as may be fixed by the governing authority of the county. Said compensation shall be paid wholly from county funds.
Section 15. The governing authority of Bartow County shall provide the board of elections with such proper and suitable offices and with such clerical assistants and other employees as the governing authority shall deem appropriate.
Section 16. The words "election," "elector," "political party," "primary," "public office," "special election," and "special primary" shall have the same meanings ascribed to those words by Chapter 2 of Title 21 of the Official Code of Georgia Annotated, as the same now exists or may hereafter be amended, unless otherwise clearly apparent from the text of this Act.
Section 17. This Act shall become effective on July 1, 1989.
Section 18. All laws and parts of laws in conflict with this Act are repealed.

Representative Pettit of the 19th moved that the House agree to the Senate substitute to HB 919.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

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

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

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.

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The President has appointed on the part of the Senate the following: Senators Ray of the 19th, Deal of the 49th and Newbill of the 56th.

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

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.

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

Mr. Speaker:
Your Committee on Banks & Banking has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 150 Do Pass, by Substitute
Respectfully submitted, /s/ Pinkston of the 100th
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 417 Do Pass HR 418 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman

The following communication was received and read:

THE STATE OF GEORGIA EXECUTIVE ORDER

BY THE GOVERNOR:

WHEREAS:

A vacancy now exists in the House of Representatives of the General Assembly of Georgia by reason of the death of the Honorable Walter E. Cox, the member of the House of Representatives, District 141; and

WHEREAS:

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

MONDAY, MARCH 6, 1989

1889

WHEREAS:

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

WHEREAS:

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

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

ORDERED:

That a writ of election to fill the vacancy in the House of Representatives, District 141, be and the same is hereby issued to the Secretary of State.

IT IS FURTHER

ORDERED:

That said special election to fill the vacancy in the House of Representatives from District 141, shall be held on the llth day of April, 1989, pursuant to the Constitution and Laws of the State of Georgia.

This 3 day of March, 1989.

/s/ Joe Frank Harris GOVERNOR

ATTEST:

/s/ Tom Lewis SENIOR EXECUTIVE ASSISTANT

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 920 through 940, who have registered in the Docket of Legislative Appearance as of March 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 March, in the year of our Lord One Thousand Nine Hundred and Eightynine and of the Independence of the United States of America the Two Hundred and Thirteenth.

(SEAL)

/s/ Max Cleland Secretary of State

920. Clyde E. Harper Enl. Assoc. National Guard of Ga. Citizen 43 Talley Street Marietta, Georgia 30060

921. George D. Rozelle Montsanto Chemical Company 1610 Marvin Griffin Road Augusta, Georgia 30906

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JOURNAL OF THE HOUSE,

922. Ann Adamson Joe Sports Associates, Inc. 2160 East Lake Road, NE Atlanta, Georgia 30307
923. Warren M. Strauss Monsanto Company Monsanto Company-G4WD 800 N. Lindbergh Blvd. St. Louis, MO 63167
924. Garth Fort Monsanto Company 800 N. Lindbergh St. Louis, MO 63167
925. Scott Mall FMC Corporation 1360 Peachtree Street Atlanta, Georgia 30309
926. James A. Labanosky Monsanto Chemical Company 1610 Marvin Griffin Road Augusta, Georgia 30903
927. Henry G. Irby Irby Ministries Post Office Box 196 Sharpsburg, Georgia 30277
928. Lynn Jarrett-Gude Concerned Parents Assoc. of Fulton Co. 4181 Danforth Road Atlanta, Georgia 30331
929. John T. Gould, Jr. The Soap and Detergent Assoc. 475 Park Avenue South New York, NY 20016
930. John Ellis Park Heyman & Sizemore, Attorneys Knox & Zacks, Attorneys 1940 Equitable Bldg. 100 Peachtree Street Atlanta, Georgia 30303
931. Beth W. Longshore Fulton County Board of Ed. 786 Cleveland Avenue Atlanta, Georgia

932. Alan E. Lubel Pawnbrokers Assoc. of Ga. 1400 Candler Building Atlanta, Georgia 30043
933. Michael Wardrip Sierra Club Georgia Chapter Post Office Box 1670 Lilburn, Georgia 30226
934. Tom Watson Brown Ga. Association of Broadcasters, Inc. 2110 Cain Tower 229 Peachtree Street Atlanta, Georgia 30303
935. John P. Stevens First National Bank of Atlanta First Atlanta Corporation Post Office Box 4148 Atlanta, Georgia
936. Dennis S. Losin First Am. Bank of Ga., N.A. 200 Galleria Parkway Suite 100 Atlanta, Georgia 30328
937. Judith H. Smeltzer FMC Corporation 2000 Market Street Philadelphia, PA 19103
938. Robert M. Jeter Motorola Communications South Oaks Byromville, Georgia 31007
939. Paul Mackey Mapco Inc. Mapco Pet. (Delta Express) Mapco Gas Products Inc. 1800 South Baltimore Avenue Tulsa, OK 74119
940. Rick J. Neal Mapco Inc. Mapco Petroleum (Delta Express) Mapco Gas Products Inc. 1800 South Baltimore Avenue Tulsa, OK 74119

Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

TUESDAY, MARCH 7, 1989

1891

Representative Hall, Atlanta, Georgia Tuesday, March 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.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend Dan McPherson, Pastor, First Baptist Church, Sandersville, 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 1077. By Representatives Bannister of the 62nd, Moore of the 139th and White of the 132nd: 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 the program adjustment amount for training and experience.
Referred to the Committee on Education.
HB 1078. By Representatives Watson of the 114th and Kilgore of the 42nd:
A bill to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to regulate alternate operator services of telecommunications companies; to define certain terms; to provide that alternate operator services companies shall require certain terms in contracts with customers; to require certain duties of alternate operator services companies.
Referred to the Committee on Industry.

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JOURNAL OF THE HOUSE,

HB 1079. By Representative Twiggs of the 4th:
A bill to amend Code Section 43-21-3.1 of the Official Code of Georgia Annotated, relating to notice of termination of occupancy by an innkeeper, so as to provide that whenever an innkeeper requires a security or damage deposit, the innkeeper shall be required to inspect the premises occupied by the guest and render to the guest an accounting of such security or damage deposit.
Referred to the Committee on Special Judiciary.

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 1080. By Representatives Barnett of the 10th and Hasty of the 8th:
A bill to amend an Act to supplement the salary of the judge of the Superior Courts of the Blue Ridge Judicial Circuit, so as to increase the amount of compensation paid to such judges by the counties comprising the Blue Ridge Judicial Circuit.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1081. By Representatives Barnett of the 59th and Mobley of the 64th:
A bill to amend an Act incorporating the City of Snellville, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1082. By Representative Edwards of the 112th:
A bill to amend an Act creating a board of commissioners for Taylor County, so as to create the office of county manager; to provide for the appointment of a county manager.
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 1049 HB 1050 HB 1051 HB 1052 HB 1053 HB 1054 HB 1055
HB 1056
HB 1057 HB 1058 HB 1059
HB 1060
HB 1061 HB 1062
HB 1063 HB 1064
HB 1065

HB 1066 HB 1067 HB 1068 HB 1069 HB 1070 HB 1071 HB 1072
TJT3
HB HB lu/> HB 1076 HR 405 HR 406 HR 407 HR 416 SB 155

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

TUESDAY, MARCH 7, 1989

1893

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 240 Do Pass, as Amended
Respectfully submitted, /s/ McDonald of the 12th
Chairman

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

Mr. Speaker:

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

HR 113 Do Pass, as Amended HR 280 Do Pass, as Amended HR 313 Do Pass, as Amended

HR 319 Do Pass SR 128 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 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 299 Do Pass, by Substitute SB 323 Do Pass, as Amended SB 363 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 924 Do Pass, by Substitute HB 925 Do Pass HB 927 Do Pass, by Substitute HB 928 Do Pass, by Substitute

HB 1027 Do Pass HB 1039 Do Pass HB 1041 Do Pass HB 1042 Do Pass

1894

JOURNAL OF THE HOUSE,

HB 1043 Do Pass HB 1044 Do Pass HB 1045 Do Pass HB 1046 Do Pass HB 1048 Do Pass SB 315 Do Pass

SB 341 Do Pass SB 375 Do Pass, by Substitute SB 390 Do Pass SB 334 Do Pass, by Substitute SB 332 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 TUESDAY, MARCH 7, 1989
Mr. Speaker and Members of the House:
The House Committee on Rules has fixed the calendar for this 37th Legislative Day as enumerated below:
SB 1 Mountain Protection Act: Enact SB 42 Municipal Elections: Recount: Amend Provisions SB 70 Sanitary Landfill Operators: Certification SB 86 Georgia Water Supply Act: Enact SB 150 Financial Institutions: Competition: Unfair Practices SB 185 Foreclosures: Consumer Transactions: Definition SB 188 Bad Checks: Amend Provisions SB 239 Torts: Defamatory Statements in Visual/Sound Broadcast: Damages SB 249 Counties: Officials and Employees: Provide Certain Benefits SB 252 Cremation: Disposition of Remains SB 261 Fire Safety: Amend Building Standards/Inspection Provision SB 264 Pawnbrokers: Amend Regulations SB 274 Highways: Counties/Municipalities: Contract Negotiations SB 277 Alcoholic Beverages: Certain Establishments: Sunday Sales SB 294 Pro Counselors, Social Workers, Etc.: Therapists: Termination SB 321 Civil Actions: Service of Process: Amend Provisions
SR 60 Auto Insurance Costs Containment: Create Joint Committee SR 154 Taliaferro County: Grant Easement (Postponed until 3-7-89)
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, all House Bills passed today, as amended, or by substitute, were ordered immediately transmitted to the Senate.

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

SB 334. By Senator Tate of the 38th:
A bill to provide a homestead exemption of $10,000.00 from all City of Atlanta and City of Atlanta School District ad valorem taxes for each resident of the City of Atlanta who is 65 years of age or over or disabled if the resident's gross income together with the gross income of the spouse who also resides at such homestead does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Security Act.

TUESDAY, MARCH 7, 1989

1895

The following Committee substitute was read and adopted:

A BILL
To provide a homestead exemption of $10,000.00 from all City of Atlanta and City of Atlanta School District ad valorem taxes, except ad valorem taxes levied to pay interest on and retire bonded indebtedness, for each resident of the City of Atlanta who is 65 years of age or over or disabled if the resident's adjusted gross income together with the adjusted gross income of the spouse who also resides at such homestead does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Security Act; to provide for other matters relative to the foregoing; to repeal specific laws; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) Each resident of the City of Atlanta and City of Atlanta School District who is 65 years of age or over or disabled is granted an exemption from all City of Atlanta and City of Atlanta School District ad valorem taxes in the amount of $10,000.00 on a homestead owned and occupied by such resident if such resident's adjusted gross income, together with the adjusted gross income of the resident's spouse who also resides at such homestead, does not exceed the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act. As used in this subsection, the term "adjusted gross income" shall have the same meaning as defined in the United States Internal Revenue Code of 1986, except that for the purposes of this subsection the term shall include only that portion of income or benefits received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system which exceeds the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act. The value of the residence in excess of the above-exempted amount shall remain subject to taxation. The homestead exemption provided for in this Act shall not apply to any ad valorem taxes levied to pay interest on and retire bonded indebtedness.
(b) In order to qualify for the exemption provided for in subsection (a) of this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., relative to medical practitioners, as now or hereafter amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent.
(c) A person shall not receive the homestead exemption granted by subsection (a) of this section unless the person or person's agent files an affidavit with the tax commissioner of Fulton County giving the person's age, or if disabled, the certificate or certificates required by subsection (b) of this section, and the amount of income which the person and the person's spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose.
(d) Applications for the homestead exemption provided for by this section shall be processed in the same manner as other applications for homestead exemptions, and the provisions of law applicable to the processing of homestead exemptions, as the same now exist or may hereafter be amended, shall apply thereto. After a person has filed the proper affidavit and certificate or certificates, it shall not be necessary to make application and file the said affidavit and certificate thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any such person, however, to notify the tax commissioner in the event such person becomes ineligible for any reason to receive the homestead exemption granted by this section.

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JOURNAL OF THE HOUSE,

(e) The homestead exemption granted by this section shall be cumulative of any other homestead exemption applicable to City of Atlanta or City of Atlanta School District ad valorem taxes. The homestead exemption granted by this section shall apply to all taxable years beginning after December 31, 1990.

Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Atlanta shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Atlanta School District for approval or rejection. The election superintendent shall conduct that election on the same date as the November, 1990, general election and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides a homestead exemption of $10,000.00 from all City of Atlanta and City of Atlanta School District ad valorem taxes, but not ad valorem taxes levied to pay interest on and retire bonded indebtedness, for each resident of the City of Atlanta who is 65 years of age or over or disabled if the resident's adjusted gross income, together with the adjusted gross income of the spouse residing at the same homestead, does not exceed the amount which may be received by a person and a person's spouse under the federal Social Security Act?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed immediately following that election date.
The expense of such election shall be borne by the City of Atlanta. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

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

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

Aaron
Abernathy
Y Adams Y Aiken Y Alford Y Alien
Y Athon
Y Atkins Bailey
Y Baker Y Balkcom
Bannister Y Barfoot
Bargeron
Barnett.B
Barnett.M
Y Beck
Y Benefield Y Benn
Birdsong Y Bishop
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
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 Davis.G
N 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
Goodwin Y Green Y Greene

Y Gresham
Y Griffin
Y Groover 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
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
McDonald Y McKelvey
McKinney.B McKinney.C Y Meadows

TUESDAY, MARCH 7, 1989

1897

Y Milam Y Mobley Y Moody Y Moore N 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
Pinkston Y Poag Y Porter
Y Poston
Y Powell Y Rainey
Randall Ransom Y Ray Y Reaves Y Redding

Y Richardson Ricketson
Y Robinson Y Royal
Selman Simpson
Sinkfield
Y Smith.L Y Smith,?
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

Waddle Y Walker.C
Walker.L Y Wall
Ware Y Watson
Y Watts
White Y Wilder
Williams.B Y Williams,J Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 137, nays 2.
The Bill, having received the requisite two-thirds constitutional majority, was passed, by substitute.

By unanimous consent, the roll call for SB 334 was made applicable to all other Local Bills passed today.

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

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.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating the office of tax commissioner of Bartow County, approved March 17, 1958 (Ga. L. 1958, p. 2683), as amended, so as to change the compensation of the tax commissioner and the provisions relating thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the office of tax commissioner of Bartow County, approved March 17, 1958 (Ga. L. 1958, p. 2683), as amended, is amended by striking subsection (a) of Section 4 of said Act and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) The tax commissioner of Bartow County shall receive a base salary in an amount equal to the sum derived by adding the annual amount received by the tax commissioner pursuant to subsection (g) of Code Section 48-5-137 of the Official Code of Georgia Annotated to an amount which shall be the higher of:
(A) The sum derived by deducting the annual amount received by the tax commissioner pursuant to subsection (g) of Code Section 48-5-137 of the Official Code of Georgia Annotated from 85 percent of the salary of the sheriff of Bartow County as specified in subsection (a) of Section 2 of an Act placing certain of the county officers of Bartow County on an annual salary, approved March 21, 1958 (Ga. L. 1958, p. 2866), as amended; or
(B) The sum derived by deducting the annual amount received by the tax commissioner pursuant to subsection (g) of Code Section 48-5-137 of the Official Code of Georgia Annotated from 85 percent of the minimum annual salary of the sheriff of Bartow County as computed under subsection (a) of Code Section

1898

JOURNAL OF THE HOUSE,

15-16-20 of the Official Code of Georgia Annotated, as such Code section existed on January 31, 1989, or is amended after such date, plus any increase in such amounts which the sheriff of Bartow County was receiving on January 31, 1989, pursuant to subsection (b) of Code Section 15-16-20, as such subsection existed on January 31, 1989, for terms completed by such sheriff prior to January 31, 1989. (2) The tax commissioner of Bartow County shall also receive a cost-of-living adjustment of 5 percent of the amount calculated under paragraph (1) of this subsection for each four-year term of office served by such tax commissioner, figured at the end of each such period of service. The increase shall not have retroactive effect, except that the term in which the tax commissioner is serving on January 31, 1989, shall be counted for determining the appropriate salary under this section."
Section 4. This Act shall become effective on January 1, 1990.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 137, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 137, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

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 Bartow County upon an annual salary, so as to change the provisions relating to the compensation of the sheriff, clerk of the superior court, and judge of the probate court.

The following Committee substitute was read and adopted:

A BILL
To amend an Act placing certain of the county officers of Bartow County upon an annual salary, approved March 21, 1958 (Ga. L. 1958, p. 2866), as amended, so as to change the provisions relating to the compensation of the sheriff, clerk of the superior court, and judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act placing certain of the county officers of Bartow County upon an annual salary, approved March 21, 1958 (Ga. L. 1958, p. 2866), as amended, is amended

TUESDAY, MARCH 7, 1989

1899

by striking subsection (a) of Section 2 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The sheriff of Bartow County shall receive a salary of $43,000.00 per annum, to be paid in equal monthly installments from the funds of Bartow County. Such compensation shall be in lieu of all fees, costs, and perquisites of whatever kind heretofore received by the sheriff."
Section 2. Said Act is further amended by striking subsection (a) of Section 3 of said Act and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) The clerk of the Superior Court of Bartow County shall receive a base salary in an amount which shall be the higher of:
(A) Eighty-five percent of the salary of the sheriff of Bartow County as specified in subsection (a) of Section 2 of this Act; or
(B) Eighty-five percent of the minimum annual salary of the sheriff of Bartow County as computed under subsection (a) of Code Section 15-16-20 of the Official Code of Georgia Annotated, as such Code section existed on January 31, 1989, or is amended after such date, plus any increase in such amounts which the sheriff of Bartow County was receiving on January 31, 1989, pursuant to subsection (b) of Code Section 15-16-20, as such subsection existed on January 31, 1989, for terms completed by such sheriff prior to January 31, 1989. (2) The clerk of the Superior Court of Bartow County shall also receive a cost-ofliving adjustment of 5 percent of the amount calculated under paragraph (1) of this subsection for each four-year term of office served by such clerk, figured at the end of each such period of service. The increase shall not have retroactive effect, except that the term in which the clerk is serving on January 31, 1989, shall be counted for determining the appropriate salary under this section."
Section 3. Said Act is further amended by striking subsection (a) of Section 4 of said Act and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) The judge of the Probate Court of Bartow County shall receive a base salary in an amount which shall be the higher of:
(A) Eighty-five percent of the salary of the sheriff of Bartow County as specified in subsection (a) of Section 2 of this Act; or
(B) Eighty-five percent of the minimum annual salary of the sheriff of Bartow County as computed under subsection (a) of Code Section 15-16-20 of the Official Code of Georgia Annotated, as such Code section existed on January 31, 1989, or is amended after such date, plus any increase in such amounts which the sheriff of Bartow County was receiving on January 31, 1989, pursuant to subsection (b) of Code Section 15-16-20, as such subsection existed on January 31, 1989, for terms completed by such sheriff prior to January 31, 1989. (2) The judge of the Probate Court of Bartow County shall also receive a cost-ofliving adjustment of 5 percent of the amount calculated under paragraph (1) of this subsection for each four-year term of office served by such judge, figured at the end of each such period of service. The increase shall not have retroactive effect, except that the term in which the judge is serving on January 31, 1989, shall be counted for determining the appropriate salary under this section."
Section 4. This Act shall become effective on January 1, 1990.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 137, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

1900

JOURNAL OF THE HOUSE,

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.

The following Committee substitute was read and adopted:

A BILL
To amend an Act providing for the compensation of the chief magistrate of the Magistrate Court of Bartow County, approved March 18, 1985 (Ga. L. 1985, p. 3788), so as to change the compensation of the chief magistrate and the provisions related thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for the compensation of the chief magistrate of the Magistrate Court of Bartow County, approved March 18, 1985 (Ga. L. 1985, p. 3788), is amended by striking Section 1 of said Act and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. (a) The chief magistrate of the Magistrate Court of Bartow County shall receive a base salary in an amount which shall be the higher of:
(1) Eighty-five percent of the salary of the sheriff of Bartow County as specified in subsection (a) of Section 2 of an Act placing certain of the county officers of Bartow County on an annual salary, approved March 21, 1958 (Ga. L. 1958, p. 2866, as amended; or
(2) Eighty-five percent of the minimum annual salary of the sheriff of Bartow County as computed under subsection (a) of Code Section 15-16-20 of the Official Code of Georgia Annotated, as such Code section existed on January 31, 1989, or is amended after such date, plus any increase in such amounts which the sheriff of Bartow County was receiving on January 31, 1989, pursuant to subsection (b) of Code Section 15-16-20, as such subsection existed on January 31, 1989, for terms completed by such sheriff prior to January 31, 1989. (b) The chief magistrate of the Magistrate Court of Bartow County shall also receive a cost-of-living adjustment of 5 percent of the amount calculated under subsection (a) of this section for each four-year term of office served by such chief magistrate, figured at the end of each such period of service. The increase shall not have retroactive effect, except that the term in which the chief magistrate is serving on January 31, 1989, shall be counted for determining the appropriate salary under this section."
Section 2. This Act shall become effective on January 1, 1990.
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 137, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1027.

By Representatives Padgett of the 86th, Brown of the 88th, Ransom of the 90th, Connell of the 87th and Cheeks of the 89th:
A bill to amend an Act creating a merit system of employment and personnel administration for employees of the sheriff in Richmond County and creating the Richmond County Sheriffs Merit System Board, so as to provide that the members of the board shall receive compensation for their services as members of the board.

TUESDAY, MARCH 7, 1989

1901

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 137, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1039.

By Representative Mueller of the 126th:
A bill to amend an Act creating the Board of Commissioners of Bryan County, so as to change the provisions relating to the compensation of the chairman, vice-chairman, and other members of the board of commissioners.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 137, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1041. By Representative Heard of the 43rd:
A bill to amend an Act abolishing the fee system of compensation for the judge of the Probate Court of Fayette County, so as to change the provisions relative to the compensation of the judge of the probate court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 137, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1042.

By Representative Heard of the 43rd:
A bill to amend an Act abolishing the fee system of compensation for the clerk of the Superior Court of Fayette County, so as to change the provisions relative to the compensation of 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 137, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1043.

By Representative Heard of the 43rd:
A bill to amend an Act creating the office of tax commissioner of Fayette 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 137, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

1902

JOURNAL OF THE HOUSE,

HB 1044.

By Representative Heard of the 43rd:
A bill to amend an Act abolishing the fee system of compensation for the sheriff of Fayette County, so as to change the provisions relative to the compensation of the sheriff.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 137, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1045.

By Representatives Oliver of the 53rd, Richardson of the 52nd, Redding of the 50th, Williams of the 54th, Teper of the 46th and others:
A bill to amend an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, so as to provide that the annual salary of the Chief Executive Officer shall be the same as the state salary of the superior court judges of DeKalb County plus any county supplements.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 137, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1046.

By Representatives Walker of the 85th, Padgett of the 86th, Cheeks of the 89th, Brown of the 88th and Connell of the 87th:
A bill to amend an Act regulating public instruction in Richmond County, so as to change the compensation of the members and officers of the Board of Education of Richmond County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 137, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1048.

By Representatives Colwell of the 4th and Twiggs of the 4th:
A bill to amend an Act creating the office of commissioner of Lumpkin County, so as to change the provisions relating to 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 137, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

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.

TUESDAY, MARCH 7, 1989

1903

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 137, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 137, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 137, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

SB 375.. By Senator Kennedy of the 4th:
A bill to amend an Act creating a new charter for the City of Ludowici, as amended, so as to provide that such city shall consist of one election district with five numbered posts; to provide for elections.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating a new charter for the City of Ludowici, approved August 18, 1923 (Ga. L. 1923, p. 701), as amended, so as to provide for election districts; to provide for elections; to provide for qualifications; 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 Ludowici, approved August 18, 1923 (Ga. L. 1923, p. 701), as amended, is amended by adding a new section immediately following Section 6 to be designated Section 6A, to read as follows:
"Section 6A. (a) For the purpose of electing future members of the city council, the City of Ludowici shall consist of five election districts. Each person seeking election

1904

JOURNAL OF THE HOUSE,

shall designate the election district for which he seeks election. Each person seeking election shall be a resident of the election district such person offers to represent and shall be elected by a majority vote of the qualified voters of such election district voting in an election therefor.
(b) The five election districts of the city are more particularly described as follows:
Election District 1
Beginning at a point where Academy Street intersects the eastern limits of the City of Ludowici and from said point of beginning run down the center of Academy Street in a Westerly direction to the point where Academy Street intersects with Factory Street; then turn and run down the Center of Factory Street in a Southerly direction to the point where Factory Street intersects with the big drainage ditch near Bratcher Street; then run in an Easterly direction down the big drainage ditch to the point where said ditch intersects McDonald Street (Georgia Highway 57) near Lincoln Avenue; then turn and run in a Southerly direction down the center of McDonald Street (Georgia Highway 57) to the point where McDonald Street (Georgia Highway 57) intersects with the City Limits of the City of Ludowici; then turn and follow the City Limits of the City of Ludowici in a Easterly direction to the point of beginning.
Election District 2
Beginning at a point where the Old Hinesville Road intersects the eastern limits of the City Limits of Ludowici and from said point of beginning run down the center of the Old Hinesville Road in a Southwesterly direction to the point where the Old Hinesville Road intersects with Macon Street; then turn and run down the center of Macon Street in a Souterly direction to the point where Macon Street intersects with State Route 38; then turn and run down the center of State Route 38 in a Westerly direction to the point where State Route 38 intersects McDonald Street (Georgia Highway 57); then turn and run in a Southerly direction down the center of McDonald Street (Georgia Highway 57) to the point where McDonald Street intersects with Union Street; then turn and run in a Easterly direction down the center of Union Street to the point where Union Street intersects with Liberty Street; then turn and run in a Southerly direction down the center of Liberty Street to the point where Liberty Street intersects with Academy Street; then turn and run in an Easterly direction down the center of Academy Street to the point where Academy Street intersects with the City Limits of the City of Ludowici; then follow the City Limits of Ludowici in a Northerly direction to the point of beginning.
Election District 3
Begin at the point where State Route 38 intersects with McDonald Street (Georgia Highway 57) and from said point of beginning run down the center of McDonald Street (Georgia Highway 57) in a Northerly direction to the point where McDonald Street (Georgia Highway 57) intersects with Oak Street; then turn and run down the center of Oak Street in a Westerly direction to the point where Oak Street intersects with Fourth Street; then turn and run down the center of Fourth Street in a Southerly direction to the point where Fourth Street intersects with State Route 38; then turn and run in a Westerly direction down the center of State Route 38 to the point where Cottage Street intersects with State Route 38; then turn and run in a Southerly direction down the center of Cottage Street to the point where Cottage Street intersects with the Seaboard Coast Line Railroad; then turn and run in an Easterly direction along the Seaboard Coastline Railroad to the point where the Seaboard Coast Line Railroad intersects with Main Street; then turn and run down the center of Main Street in a Southerly direction to the point where Main street intersects with McQueen Street; then turn and run in a Westerly direction down McQueen Street to the point where McQueen Street intersects with Gill Street; then turn and run in a Southerly direction down the center of Gill Street to the point where Gill Street intersects with Celadon Street; then turn and run in a Westerly direction down the center of Celadon Street to the point where Celadon Street intersects with Factory Street; then turn and run in a Southerly direction down the center of Factory Street to the point where Factory Street intersects with Academy Street; then turn and run in an Easterly direction down the center of Academy Street to the point where Academy

TUESDAY, MARCH 7, 1989

1905

Street intersects with Liberty Street; then turn and run in a Northerly direction down the center of Liberty Street to the point where Liberty Street intersects with Union Street; then turn and run in a Westerly direction down the center of Union Street to the point where Union Street intersects with McDonald Street (Georgia Highway 57); then turn and run in a Northerly direction down the center of McDonald Street to the point of beginning.
Election District 4 Begin at a point on the northeastern City Limits of the City of Ludowici where the Old Hinesville Road intersects with the City Limits of the City of Ludowici and from said point of beginning run in a Southwesterly direction down the center of the Old Hinesville Road to the point where the Old Hinesville Road intersects with Macon Street; then turn and run in a Southerly direction down the center of Macon Street to the point where Macon Street intersects with State Highway 38; then turn and run in a Westerly direction to a point where State Route 38 intersects with McDonald Street (State Highway 57); then turn and run in a Northerly direction down the center of McDonald Street (Georgia Highway 57) to the point where McDonald Street intersects with Oak Street; then turn and run in a Westerly direction down the center of Oak Street to the point where Oak Street intersects with Fourth Street; then turn and run in a Southerly direction down the center of Fourth Street to the point where Fourth Street intersects with State Route 38; then turn and run in a Westerly direction down the center of State Route 38 to the point where Cottage Street intersects with State Route 38; then turn and run in a Southerly direction down the center of Cottage Street to the point where Cottage Street intersects with Seaboard Coastline Railroad; then turn and run in a Westerly direction down the center of the Seaboard Coastline Railroad to the point where the Seaboard Coastline Railroad intersects with the Western City Limits of the City of Ludowici; then turn and run in a Northerly direction along the City Limits of the City of Ludowici and following the City Limits of the City of Ludowici in a Northerly and then a Northeasterly direction to the point of beginning. Election District 5 Begin at a point on the Western City Limits of the City of Ludowici where the Seaboard Coastline Railroad intersects with said City Limits and from said point of beginning follow the City Limits of the City of Ludowici in a Southerly and then an Easterly direction to the point where the City Limits of Ludowici intersects with McDonald Street (Georgia Highway 57) at the South City Limits of the City of Ludowici; then turn and run down the center of McDonald Street (Georgia Highway 57) in a Northerly direction to the point where McDonald Street (Georgia Highway 57) intersects with the big ditch near Lincoln Avenue; then turn and run in a Westerly direction down the center of the big ditch to the point where the big ditch intersects with Factory Street; then turn and run in a Northerly direction down the center of Factory Street to the point where Factory Street intersects with Celadon Street; then turn and run in an Easterly direction down the center of Celadon Street to the point where Celadon Street intersects with Gill Street; then turn and run in a Northerly direction down the center of Gill Street to the point where Gill Street intersects with McQueen Street; then turn and run in an Easterly direction down the center of McQueen Street to the point where McQueen Street intersects with Main Street; then turn and run in a Northerly direction down the center of Main Street to the point where Main Street intersects with the Seaboard Coastline Railroad; then turn and run down the center of the Seaboard Coastline Railroad to the point of beginning where said Railroad intersects with the Western City Limits of the City of Ludowici."
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 137, nays 2.

1906

JOURNAL OF THE HOUSE,

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

SB 390. By Senators Clay of the 37th, Ragan of the 32nd, Newbill of the 56th and others:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the compensation of the judges of the second division of the State Court of Cobb County; to provide for an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 137, nays 2.
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 392. By Senator English of the 21st:
A bill to provide a new charter for the City of Keysville; 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.

SB 393. By Senator Gillis of the 20th:
A bill to repeal an Act creating and incorporating the City of Charles, in the County of Toombs, so as to abolish the City of Charles.

SB 394. By Senators Peevy of the 48th and Phillips of the 9th:
A bill to provide a county historian for Gwinnett County; to provide that the chief judge of the Superior Court of Gwinnett County shall appoint the county historian; to provide that the county governing authority shall provide for the compensation of such historian; to provide that the county governing authority shall provide adequate funding and office space and personnel as are reasonably necessary for the county historian to carry out his duties.

SB 395. By Senators Barnes of the 33rd, Ragan of the 32nd, Newbill of the 56th and others:
A bill to amend an Act entitled the "Cobb County Community Improvement Districts Act," as amended, so as to change certain definitions of terms used in such Act; to change the provisions relating to creation of one or more community improvement districts and the practices, procedures, and requirements related thereto.

TUESDAY, MARCH 7, 1989

1907

SB 397. By Senator Foster of the 50th:
A bill to amend an Act placing the sheriff of Dawson County upon an annual salary, as amended, so as to change the compensation of the sheriff; to provide an effective date.

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.

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.

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.

HB 956. By Representatives Floyd of the 154th and Chance of the 129th:
A bill to amend an Act creating a new charter of the City of Hinesville, so as to provide for the election of city council members from districts by the residents of such districts; to provide for districts; to provide for general municipal elections and terms of office; to provide for the election of the mayor.

HB 957. By Representative Smith of the 78th:
A bill to amend an Act abolishing the present method of compensating the tax commissioner of Butts County known as the fee system and providing in lieu thereof an annual salary, so as to provide a supplement to the annual salary of the tax commissioner.

HB 960. By Representatives Byrd of the 153rd, Barfoot of the 120th and Moody of the 153rd:
A bill to amend an Act creating the board of commissioners of Toombs County, so as to change the compensation of the chairman and other members of the board of commissioners.

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.

1908

JOURNAL OF THE HOUSE,

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.

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.

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.

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.

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.

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.

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.

TUESDAY, MARCH 7, 1989

1909

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.

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.

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.

SB 314. By Senator Brannon of the 51st:
A bill to provide a new charter for the City of Blue Ridge in Fannin County; 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.

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.

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.

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.

1910

JOURNAL OF THE HOUSE,

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

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.
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.
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.

TUESDAY, MARCH 7, 1989

1911

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.

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.

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.

HB 961. By Representatives Chambless of the 133rd, White of the 132nd, Cummings of the 134th and Balkcom of the 140th:
A bill to amend an Act creating a new charter for the City of Albany, so as to change the provisions relating to the time of election, the taking of office, and terms of office of the mayor and commissioners.

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.

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

SR 176. By Senators Dean of the 31st, Olmstead of the 26th, Harris of the 27th and others:
A resolution creating the Commission to Establish the City of Macon as the Permanent Site of the Georgia Music Hall of Fame.

SR 222. By Senator Walker of the 43rd:
A resolution proclaiming March 8, 1989, as Free Enterprise Day in the State of Georgia.

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.

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".

1912

JOURNAL OF THE HOUSE,

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

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 Senate has agreed to the House amendment to the following Bill and Resolution of the Senate:

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.

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.

The Senate has agreed to the House substitute to the following Bills and Resolutions of the Senate:

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.

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 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.

TUESDAY, MARCH 7, 1989

1913

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 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.

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.

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

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

SB 270. By Senator Barnes of the 33rd:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change the provisions relating to notices of special meetings of agencies; to define the term "agency" as used in the laws relating to inspection of public records.
The Senate insists on its substitute to the following Bill of the House:

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.

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JOURNAL OF THE HOUSE,

The Senate has disagreed to the House substitute to the following Bill of the Senate:
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.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:

SB 314. By Senator Brannon of the 51st:
A bill to provide a new charter for the City of Blue Ridge in Fannin County; 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.

SB 392. By Senator English of the 21st:
A bill to provide a new charter for the City of Keysville; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 393. By Senator Gillis of the 20th:
A bill to repeal an Act creating and incorporating the City of Charles, in the County of Toombs, so as to abolish the City of Charles.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 394. By Senators Peevy of the 48th and Phillips of the 9th:
A bill to provide a county historian for Gwinnett County; to provide that the chief judge of the Superior Court of Gwinnett County shall appoint the county historian; to provide that the county governing authority shall provide for the compensation of such historian; to provide that the county governing authority shall provide adequate funding and office space and personnel as are reasonably necessary for the county historian to carry out his duties.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 395. By Senators Barnes of the 33rd, Ragan of the 32nd, Newbill of the 56th and others:
A bill to amend an Act entitled the "Cobb County Community Improvement Districts Act," as amended, so as to change certain definitions of terms used in such Act; to change the provisions relating to creation of one or more community improvement districts and the practices, procedures, and requirements related thereto.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, MARCH 7, 1989

1915

SB 397. By Senator Foster of the 50th:
A bill to amend an Act placing the sheriff of Dawson County upon an annual salary, as amended, so as to change the compensation of the sheriff; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 176. By Senators Dean of the 31st, Olmstead of the 26th, Harris of the 27th and others:
A resolution creating the Commission to Establish the City of Macon as the Permanent Site of the Georgia Music Hall of Fame.
Referred to the Committee on State Planning & Community Affairs.

Representative Griffin of the 6th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the Senate:

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.

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

Aaron 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
Barnett.M YBeck Y Benefield
Benn Y Birdsong
Y Bishop Y Bostick N Branch Y Breedlove N Brooks
Brown Y Buck Y Buford N Byrd Y Carrell Y Carter N Chambless Y Chance Y Cheeks Y Childers Y Clark.B

Y Clark.H Y Clark.L N Colbert Y Coleman Y Colwell N Connell N 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
Dunn Edwards Y Ehrhart Felton Y Fennel
Y Floyd Y Foster Y Godbee
Good win Y Green Y Greene N Gresham
Y Griffin Y Groover N Hamilton N Hanner Y Harris

Y Hasty Y Heard N Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin YIsakson Y Jackson,J Y Jackson.W
Jamieson Y Jenkins Y Johnson Y Jones N Kilgore Y Kingston Y Lane.D
Lane.R Langford Y Lawrence Y Lawson YLee Y Linder
YLong NLord
Lucas Lupton
Y Mangum N Martin
Y McCoy McDonald
Y McKelvey Y McKinney.B

On the motion, the ayes were 124, nays 21.

McKinney.C
Y Meadows Y 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 Y Pettit Y Pinkston
YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall
Ransom YRay Y Reaves N Redding N Richardson
Ricketson Y Robinson Y Royal
Selman Simpson

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 N Townsend
Y Twiggs Y Vaughan
Waddle
Y Walker.C Y Walker.L
Wall
Ware N Watson Y Watts
White Y Wilder N Williams.B
Williams.J YYates Y Yeargin
Murphy,Spkr

1916

JOURNAL OF THE HOUSE,

The motion prevailed.

Representative Lane of the 27th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the Senate:

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.

On the motion, 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 Baker
N Balkcom Y Bannister N Barfoot Y Bargeron Y Barnett,B
Barnett.M YBeck
Y Benefield Benn
N Birdsong Y Bishop
Bostick Y Branch
Y Breedlove Y Brooks
Brown NBuck Y Buford N Byrd N Carrell Y Carter Y Chambless Y Chance Y Cheeks N Childers N Clark,B

Y Clark.H N Clark.L Y Colbert
Coleman N Colwell
Y Connell Y Couch
Cox N Crawford
Y Crosby Y Cummings,B
N Curnmings.M Y Davis.C
Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Y Dobbs N Dover N Dunn
Edwards Y Ehrhart
Felton
N Fennel N Floyd N Foster N Godbee Y Goodwin N Green
N Greene Y Gresham
Griffin N Groover Y Hamilton N Manner
Y Harris

Y Hasty Y Heard Y Herbert Y Holcomb N Holland N Holmes Y Hooks N Howren Y Hudson N Irwin Y Isakson
N Jackson,J Y Jackson, W
Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston Y Lane.D
Lane.R N Langford Y Lawrence
Lawson YLee Y Linder
NLong Lord Lucas
N Lupton Y Mangum N Martin N McCoy
McDonald N McKelvey N McKinney.B

N McKinney.C N Meadows Y Milam N Mobley Y Moody Y Moore Y Morton N Moultrie Y Mueller Y Oliver.C N Oliver.M NOrr
N Orrock Y Padgett
Pannell Y Parham Y Parrish N Patten
Pettit Pinkston
N Poag N Porter N Poston
Y Powell Y Rainey
Randall Ransom
YRay Y Reaves
Redding N Richardson N Ricketson N Robinson N Royal Y Selman
N Simpson

Sinkfield Y Smith.L Y Smith.P
Smith.T
Y Smith,W YSmyre NSnow Y Stancil.F Y Stancil.S N Stanley Y Steele Y Stephens N Teper
Thomas.C Thomas.M N Thompson Y Thurmond
N Titus Y Tolbert N Townsend Y Twiggs Y Vaughan
Waddle Y Walker.C N Walker.L Y Wall
Ware Y Watson Y Watts
White N Wilder Y Williams.B Y Williams,J Y Yates N Yeargin
Murphy,Spkr

On the motion, the ayes were 86, nays 59. The motion prevailed.

By unanimous consent, the following Resolution of the Senate was postponed until tomorrow morning immediately following the period of unanimous consents:

SR 154. By Senator Pollard of the 24th:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a fiber optic cable in, on, over, under, upon, across, and through property owned by the State of Georgia in Taliaferro County, Georgia; to provide an effective date.

TUESDAY, MARCH 7, 1989

1917

By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Rules and referred to the Committee on State Planning and Community Affairs:

HR 396. By Representatives Ehrhart of the 20th, Vaughan of the 20th, Clark of the 20th, Aiken of the 21st, Gresham of the 21st and others:
A resolution creating the Joint Method of Appointment of Members of the Hospital Authority of Cobb County Study Committee.

Representative Foster of the 6th arose to a point of personal privilege and addressed the House.

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

HR 417. By Representative Lee of the 72nd:
A resolution recognizing and commending Chairman M. J. "Jerry" Hogan, Grand Marshal Charles R. Ray, and other representatives of the Savannah St. Patrick's Day Parade Committee.

The Speaker Pro Tem assumed the Chair.

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

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.

The following Committee substitute was read:

A BILL
To amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to 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; to provide for the department to make payments in lieu of ad valorem taxes to local governments; to confer powers and impose duties on the department; to provide for watershed and wetlands protection; to authorize the department to contract with others pertaining to the water utilities and facilities and to authorize others to contract with the department; to authorize the department and others to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to make certain findings concerning the public purposes and benefits to be derived from this Act for the public; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

1918

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by adding a new Article 6 to read as follows:
"ARTICLE 6
12-5-470. This article shall be known and may be cited as the 'Georgia Water Supply Act.'
12-5-471. As used in this article, the term: (1) 'County' means any county created under the Constitution or laws of this state. (2) 'Environmental services' means the provision, collectively or individually, of
water facilities or management services. (3) 'Lease' includes a lease or sublease and may, in the discretion of the depart-
ment, be in form and substance an estate for years, usufruct, license, concession, or any other right or privilege to use or occupy.
(4) 'Lessee' includes lessee or sublessee, tenant, licensee, concessionaire, or other person contracting for any estate for years, usufruct, license, concession, or other right or privilege referred to in paragraph (3) of this Code section.
(5) 'Local government' or 'local governing authority' means any municipal corporation or county, any local water district, or any state or local authority, board, or political subdivision created by the General Assembly or pursuant to the Constitution and laws of the state.
(6) 'Management services' means technical, administrative, instructional or informational services provided to any current or potential recipient in, but not limited to, the areas of service charge structure; accounting, capital improvements budgeting or financing; financial reporting, treasury management, debt structure or administration or related fields of financial management; contract or grant administration; management of water systems; and economic development administration or strategies. Management services may be furnished either directly, on-site, or through other written or oral means of communication and may consist of reports, studies, presentations, or other analyses of a written or oral nature.
(7) 'May' means permission and not command. (8) 'Municipal corporation' or 'municipality' means any city or town in this state. (9) 'Obligation' means any bond, revenue bond, note, lease, contract, evidence of indebtedness, debt, or other obligation of the state or local governments which are authorized to be issued under the Constitution or other laws of this state, including refunding bonds. (10) 'Project' means and includes the acquisition of real property for water reservoirs; the construction and reconstruction or improvement of water reservoirs; the acquisition of real property surrounding water reservoirs; the acquisition of real property for mitigation of any alteration of environmental resources by the construction of a water reservoir; and all necessary and usual water facilities useful for obtaining one or more sources of water supply, the treatment of water, and the distribution and sale of water to users and consumers, including counties and municipalities for the purpose of resale, inside and outside the territorial boundaries of the users and consumers, and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate water utility system deemed by the department to be necessary or convenient for the efficient operation of such type of undertaking, all for the essential public purpose of providing water facilities and services to meet public health and environmental standards and to aid the development of trade, commerce, industry, agriculture, and employment opportunities. (11) 'Water facilities' means any projects, structures, and other real or personal property acquired, rehabilitated, constructed, or planned for the purposes of supplying, distributing, and treating water and diverting, channeling, or controlling water flow and head including, but not limited to, surface or ground water, canals, reservoirs, channels, basins, dams, aqueducts, standpipes, penstocks, conduits, pipelines, mains, pumping stations, water distribution systems, compensating reservoirs, intake

TUESDAY, MARCH 7, 1989

1919

stations, waterworks or sources of water supply, wells, purification or filtration plants or other treatment plants and works, connections, water meters, mechanical equipment, electric generating equipment, rights of flowage or division, and other plant structures, equipment, conveyances, real or personal property or rights therein and appurtenances, furnishings, accessories, and devices thereto necessary or useful and convenient for the collection, conveyance, distribution, pumping, treatment, storing, or disposing of water. 12-5-472. (a) The department is authorized to acquire, construct, equip, operate, maintain, expand, and improve a 'project,' as such term is defined in paragraph (10) of Code Section 12-5-471, in whole or in part, directly or under contract with others, including each of the facilities described in said paragraph (10) of Code Section 12-5-471, for the purpose of promoting the use of the projects and the use of the industrial, recreational, commercial, and natural resources of the State of Georgia for the public good and general welfare; and, without limitation of the foregoing, the department is authorized, with the approval of the State Properties Commission, to acquire land for such purposes; provided, however, that the department shall not engage in competition for customers for its environmental services with any local government offering or providing similar services.
(b) Any project acquired, designed, constructed, equipped, operated, maintained, expanded, or improved by the department which is funded by the Georgia Environmental Facilities Authority shall conform to and meet standards and procedures promulgated by the Board of Natural Resources pursuant to specific statutory authorization and direction for watershed and wetlands protection, which standards and procedures of the board shall be promulgated and in effect prior to the acquisition of any property for the affected project.
(c) As a condition precedent to the acquisition or construction of any project, the department shall enter into an agreement with any local government, including any local board of education, which will have property removed from, or converted to tax-exempt status in, its ad valorem tax digest or tax base as a result of the acquisition or construction of the project. Each such agreement shall provide that in each year following the year in which the agreement is entered into the department will make payments in lieu of ad valorem taxes to the affected local government with respect to the property removed from, or converted to tax-exempt status in, the local government's tax digest or tax base. The amount of payments to be made in each year shall be determined by applying the local government's ad valorem tax millage rate for that year to the assessed value of the property removed from, or placed in tax-exempt status in, the local government's tax digest or tax base; and for this purpose the assessed value of such property shall be the assessed value as determined for the year prior to the year in which the property is removed from, or placed in tax-exempt status in, the tax digest or tax base. Payments provided for in this subsection shall be made from funds derived by the department and subject to subsection (b) of Code Section 12-5-474 to the extent that such funds are available; and to the extent that such funds are not available payments provided for in this subsection shall be made from any funds appropriated or otherwise available to the department.
12-5-473. The department shall have the following powers:
(1) To acquire, by purchase, gift, lease, or otherwise and to own, hold, improve, and use and to sell, convey, exchange, transfer, lease, sublease, and dispose of real and personal property of every kind and character, or any interest therein, for its services, purposes, duties, responsibilities, or functions pursuant to this article and any local government is authorized to grant, sell, or otherwise alienate leaseholds, real and personal property, or any interest therein to the department. Site selection for a project shall be made after consideration of input from local governments to be served by the project;
(2) To make all contracts and to execute all instruments necessary or convenient to its services, purposes, duties, responsibilities, or functions pursuant to this article;
(3) To accept grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof; the State of

1920

JOURNAL OF THE HOUSE,

Georgia, its departments, agencies, or authorities; or any county or municipality of this state, upon the terms and conditions as may be imposed thereon to the extent the terms and conditions are not inconsistent with the limitations and laws of this state and are otherwise within the power of the department;
(4) To make and execute contracts, lease agreements, and all other instruments necessary to exercise the powers of the department or to further the public purpose for which this article was enacted, such contracts, leases, or instruments to include contracts for construction, operation, management, or maintenance of projects and facilities owned by a local government or by the state or any state authority; and any and all local governments and departments, institutions, authorities, or agencies of the state are authorized to enter into contracts, leases, agreements, or other instruments with the department upon such terms and to transfer real and personal property to the state for the use of the department for such consideration and for such purposes as they deem advisable;
(5) To collect fees and charges in connection with its commitments, management
services, and servicing including, but not limited to, reimbursements of costs of financing, as the department shall determine to be reasonable;
(6) To provide advisory, management, technical, consultative, training, educational, and project assistance services to the state and local governments and to enter into contracts with the state and local governments to provide such services. The state and local governments are authorized to enter into contracts with the department for such
services and to pay for such services as may be provided them; (7) To lease to local governments any state owned facilities or property which the
department is managing under contract with the state; (8) To contract with state agencies or any local government for the use by the
department of any property or facilities or services of the state or any such state agency or local government or for the use by any state agency or local government of
any facilities or services of the department and such state agencies and local governments are authorized to enter into such contracts;
(9) To receive and use the proceeds of any tax levied by a local government to pay all or any part of the cost of any project or for any other purpose for which the
department may use its own funds pursuant to this article; (10) To cooperate and act in conjunction with industrial, commercial, medical,
scientific, public interest, or educational organizations; with agencies of the federal government and this state and local governments; with other states and their political
subdivisions; and with joint agencies thereof and such state agencies, local governments, and joint agencies are authorized and empowered to cooperate and act in con-
junction, and to enter into contracts or agreements with the department and local governments to achieve or further the policies of the state declared in this article; and
(11) To do all things necessary or convenient to carry out the powers conferred by this title.
12-5-474. (a) The department is authorized to fix rentals, fees, prices, and other charges which any user, concessionaire, franchisee, or vendor shall pay to the depart-
ment for the use of a project or part thereof or combination thereof, and for the goods and services provided by the department in conjunction with such use, as the depart-
ment may deem necessary or appropriate to provide in connection with such use, and to charge and collect the same. Such rentals, fees, prices, and other charges shall be so fixed and adjusted in respect to the aggregate thereof from a project or any part thereof
so as to be reasonably expected to provide a fund sufficient with other revenues of such project and funds available to the department, if any, to pay the cost of maintaining,
repairing, and operating a project, including the reserves for extraordinary repairs and insurance, unless such cost shall be otherwise provided for, which costs shall be deemed to include the expenses incurred by the department on account of a project for water,
light, sewer, and other services furnished by other facilities at such project. Such fees shall be fixed after consideration of input from local governments served by the project
to which the fees pertain. (b) Notwithstanding any other provision of law, the department is authorized to
retain all miscellaneous funds generated by the operation of the projects for use in the

TUESDAY, MARCH 7, 1989

1921

operation and maintenance of those sites and facilities. Any such funds not expended for this purpose in the fiscal year in which they are generated shall be deposited in the state treasury, provided that nothing in this Code section shall be construed so as to allow the department to retain any funds required by the Constitution of Georgia to be paid into the state treasury; provided, further, that the department shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expending any such miscellaneous funds.
(c) The department may establish the terms and conditions upon which any lessee, sublessee, licensee, user, franchisee, or vendor shall be authorized to use a project as the department may determine necessary or appropriate; and the department shall require a water conservation plan approved pursuant to rules and regulations prescribed by the Board of Natural Resources.
12-5-475. It shall be the duty of the Board of Natural Resources to prescribe rules and regulations for the operation of and governing the use of any project constructed under the provisions of this article. Such rules shall be prescribed after consideration of input from local governments served by the project or projects to which the rules pertain.
12-5-476. (a) The department is authorized to contract with any local government to exercise on behalf of the local government such responsibility in connection with the planning, design, acquisition, construction, operation, management, and maintenance of a project of such local government, as is now or may be hereafter vested in the local government, and to provide to the local government goods or services of the department in connection with the planning, design, acquisition, construction, operation, management, and maintenance of any project of the local government, all as the parties to the contract may determine appropriate. Any such local government is authorized by such contract to delegate to the department all or such goods or services of the department in connection with the planning, design, acquisition, construction, operation, management, and maintenance of a project as the parties may by contract determine appropriate.
(b) Except as otherwise provided in subsection (c) of Code Section 12-5-472, any such contract shall provide that the local government shall reimburse the department for all of the costs, liabilities, and expenses of the department incurred by the department in exercising such powers or providing such goods or services; and the department shall not directly or indirectly be liable for any liability, cost, or expense incurred by such local government in the acquisition, construction, operation, management, or maintenance of a project.
12-5-477. The foregoing provisions of this article shall be deemed to provide an additional and alternative method for the doing of things authorized by this article and shall be regarded as supplemental and additional to powers conferred by the Constitution and laws of the State of Georgia and shall not be regarded as in derogation of any powers now existing.
12-5-478. This article, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.
12-5-479. (a) In the exercise of its powers under this article, the department may contract with any public entity which shall include the state or any institution, department, or other agency thereof or any county, municipality, school district, or other political subdivision of the state or with any other public agency, public corporation, or public authority, for joint services, for the provision of services, or for the joint or separate use of facilities or equipment with respect to such activities, services, or facilities which the contracting parties are authorized by law to undertake or provide.
(b) Pursuant to any such contract, in connection with any facility authorized under this article, the department may undertake such facility or provide such services or
facilities of the department, in whole or in part, to or for the benefit of the public entity contracting with the department with respect to those activities, services, or facilities which the contracting public entity is authorized by the Constitution and law to provide,
including, but not limited to, those set forth in Article IX, Section III, Paragraph I of the Constitution, and any such contracting public entity is authorized to undertake to

1922

JOURNAL OF THE HOUSE,

pay the department for such activities, services, or facilities such amounts and upon such terms as the parties may determine.
(c) 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 department 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 department.
(d) In connection with its operations, the department may similarly obtain from, and each public entity may provide, such activities, services, or facilities which the department is authorized to provide.
(e) The department shall establish prior to the commencement of any project an advisory council consisting of the chief executive officers, or their designees, of each local government purchasing water from the project. The commissioner, or his designee, shall serve as an ex officio member of each advisory council. Any such advisory council formed shall meet from time to time as provided by rule and regulation of the Board of Natural Resources and shall elect its own officers and establish such bylaws as its membership may deem appropriate for the conduct of its business. Any such advisory council shall consult with and advise the department concerning the operation and management of the project for which it was formed.
(f) A local government by resolution of its governing body may enter into a user agreement for the provision of environmental services utilizing facilities owned by the state upon such terms and conditions as the department shall determine to be reasonable including, but not limited to, the reimbursement of all costs of construction and financing and claims arising therefrom.
(g) No user agreement shall be deemed to be a contract subject to any law requiring that contracts shall be let only after receipt of competitive bids.
(h) Any user agreement directly between the state or department and a local government may contain provisions requiring the local government:
(1) To establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of:
(A) The costs of operation, maintenance, renewal, and repairs of the water facility; and
(B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the purposes of such water facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such agreement, including amounts for the creation and maintenance of any required reserves;
(2) To create and maintain reasonable reserves or other special funds;
(3) To create and maintain a special fund or funds as additional security for the punctual payment of any rentals due under such user agreement and for the deposit therein of such revenues as shall be sufficient to pay all user fees and any other amounts becoming due under such user agreements as the same shall become due and payable; or
(4) To perform such other acts and take such other action as may be deemed necessary and desirable by the department to secure the complete and punctual performance by such local government of such lease agreements and to provide for the remedies of the department in the event of a default by such local government in such payment.
12-5-480. The department shall be authorized to utilize the financial advisory and construction related services of the Georgia State Financing and Investment Commission with respect to the acquisition, design, planning, and construction of any of the projects. Chapter 22 of Title 50 shall be applicable to the selection of persons to provide professional services for any project or any portion thereof authorized by this article.
12-5-481. It is found, determined, and declared that the carrying out of the purposes
of the department as defined in this article is in all respects for the benefit of the people
of this state and that the purposes are public purposes; that the department will be per-
forming an essential governmental function in the exercise of the powers conferred upon

TUESDAY, MARCH 7, 1989

1923

it by this article; and that the activities authorized in this article will develop and promote trade, commerce, industry, and employment opportunities to the public good and the general welfare and promote the general welfare of the state.
12-5-482. (a) In the event of a failure of any local government to collect and remit in full all amounts due to the department and all amounts due to others, which involve the credit or guarantee of the state, it shall be the duty of the department to notify the director of the Fiscal Division of the Department of Administrative Services who shall withhold all funds of the state and all funds administered by the state, its agencies, boards, and instrumentalities allotted to such local government until such local government has collected and remitted in full all sums due and cured or remedied all defaults.
(b) Nothing contained in this Code section shall mandate the withholding of funds allocated to a local government which would violate contracts to which the state is a party, the requirements of federal law imposed on the state, or judgments of any court binding the state."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

The Committee on Natural Resources moves to amend the Committee substitute to SB 86 by inserting on line 14 of page 5 between the words "department" and "which" the following:

Representative Groover of the 99th moves to amend the Committee substitute to SB 86 by adding after the semicolon on line 17 of page 1 the following:
"to provide for local government advisory councils and their powers and duties;".
By striking quoted Code Section 12-5-475 in its entirety where it appears in lines 20 through 26 of page 9 and substituting in lieu thereof the following:
"12-5-475. (a) It shall be the duty of the Board of Natural Resources to prescribe rules and regulations governing the selection of sites for projects. Such rules and regulations shall include, but shall not be limited to, provisions for:
(1) The department to notify in writing a county or municipality when a preliminary determination has been made for the location of a project within any portion of the territorial boundaries of the county or municipality;
(2) Review and comment by the governing authority of a county or municipality receiving a notice provided for in paragraph (1) of this subsection before the department makes a final determination of the project site; and
(3) At least one public hearing within the territorial boundaries of a county or municipality receiving a notice provided for in paragraph (1) of this subsection before the department makes a final determination of the project site.
(b) It shall be the duty of the Board of Natural Resources to prescribe rules and regulations for the operation of and governing the use of each project constructed under the provisions of this article. Such rules shall be prescribed after consideration of input from local governments served or to be served by the project to which the rules pertain. Rules and regulations for the operation and use of a project must be approved by the Project Site Control Advisory Council for the project prior to their adoption by the Board of Natural Resources."

1924

JOURNAL OF THE HOUSE,

By striking quoted subsection (e) in its entirety where it appears on lines 6 through 19 of page 13 and substituting in lieu thereof the following:
"(e) The department shall establish prior to the commencement of each project a Project Water Users Advisory Council and a Project Site Control Advisory Council. The membership of the Project Water Users Advisory Council shall include the chief executive officers, or their designees, of each local government purchasing water from the project. The membership of the Project Site Control Advisory Council shall include the chief executive officers, or their designees, of each local government within which any part of the project is located. The commissioner, or his designee, shall serve as an ex officio member of each advisory council. Each advisory council formed shall meet from time to time as provided by rule and regulation of the Board of Natural Resources and shall elect its own officers and establish such bylaws as its membership may deem appropriate for the conduct of its business. Each Project Water Users Advisory Council shall consult with and advise the department concerning the operation and management of the project for which it was formed. The operation and management of a project shall be subject to the approval of the Project Site Control Advisory Council formed for such project."
The following amendment was read:
Representative Moore of the 139th moves to amend the Committee substitute to SB 86 as follows:
By striking the words "ground water" from line 13 - page 4.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Aaron Abernathy N Adams Aiken N Alford Y Alien N Athon Y Atkins N Bailey N Baker
Y Balkcom Y Bannister N Barfoot N Bargeron N Barnett.B Y Barnett.M
Beck N Benefield
Benn Y Birdsong N Bishop
N Bostick Y Branch Y Breedlove N Brooks Y Brown YBuck N Buford N Byrd
N Carrell N Carter N Chambless N Chance Y Cheeks N Childers Y Clark.B

Y Clark.H Clark,L
N Colbert Y Coleman Y Colwell
Connell N Couch
Cox N Crawford Y Crosby Y Cummings.B
Cummings,M N Davis.C N Davis.G Y Davis.M Y Dixon.H N Dixon.S N Dobbs N Dover
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 N Groover Y Hamilton Y Manner N Harris

N Hasty N Heard N Herbert N Holcomb Y Holland N Holmes Y Hooks N Howren Y Hudson N Irwin N Isakson N Jackson,.! Y Jackson, W Y Jamieson Y Jenkins N Johnson N Jones N Kilgore Y Kingston N Lane.D Y Lane.R Y Langford N Lawrence N Lawson NLee N Linder N Long NLord N Lucas N Lupton
Mangum N Martin N McCoy Y McDonald N McKelvey Y McKinney.B

Y McKinney.C Y Meadows
Milam N Mobley Y Moody Y Moore N Morton Y Moultrie Y Mueller Y Oliver.C N Oliver.M NOrr N Orrock Y Padgett
Pannell Y Parham Y Parrish N Patten
Pettit Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey N Randall Ransom Ray Y Reaves Redding N Richardson N Ricketson N Robinson Y Royal Y Selman N Simpson

On the adoption of the amendment, the ayes were 73, nays 85.

N Sinkfield Y Smith.L N Smith.P Y Smith.T Y Smith, W N Smyre N Snow Y Stancil.F N Stancil.S N Stanley N Steele N Stephens Y Teper N Thomas.C N Thomas.M N Thompson N Thurmond Y Titus N Tolbert N Townsend Y Twiggs Y Vaughan
Waddle Y Walker.C N Walker.L Y Wall
Ware N Watson N Watts
White N Wilder N Williams.B Y Williams,J N Yates Y Yeargin
Murphy,Spkr

TUESDAY, MARCH 7, 1989

1925

The amendment was lost.

An amendment offered by Representative Teper of the 46th was read and withdrawn.

Representative Smith of the 152nd moved that the House reconsider its action in failing to adopt the Moore amendment.
On the motion, the roll call was ordered and the vote was as follows:

Aaron
Abernathy N Adams
Aiken N Alford Y Alien
Athon Y Atkins N Bailey N Baker Y Balkcom N Bannister
N Barfoot Y Bargeron N Barnett.B Y Barnett.M
Beck Benefield
YBenn Y Birdsong N Bishop Y Bostick Y Branch Y Breedlove
N Brooks Y Brown NBuck N Buford YByrd N Carrell N Carter Y Chambless
Y Chance Y Cheeks N Childers Y Clark.B

Y Clark.H Y Clark.L N Colbert Y Coleman Y Colwell
Connell
N Couch Cox
N Crawford Y Crosby Y Cummings,B Y Cummings,M N Davis.C
Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S N Dobbs Y Dover N 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 N Groover Y Hamilton Y Manner Y Harris

N Hasty
N Heard N Herbert N Holcomb Y Holland N Holmes
Y Hooks Y Howren Y Hudson NIrwin N Isakson N Jackson,J Y Jackson, W Y Jamieson Y Jenkins
Johnson N Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford N Lawrence N Lawson NLee N Linder N Long YLord
Lucas N Lupton
Mangum N Martin Y McCoy Y McDonald N 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 N Oliver.M NOrr
N Orrock Y Padgett
Pannell Y Parham Y Parrish N Patten
N Pettit Pinks ton
YPoag Y Porter N Poston Y Powell
Y Rainey N Randall
Ransom
Ray Y Reaves N Redding Y Richardson Y Ricketson N Robinson Y Royal Y Selman N Simpson

N Sinkfield Y Smith.L N Smith,P Y Smith.T Y Smith.W N Smyre YSnow
N Stancil.F N Stancil.S N Stanley N Steele N Stephens Y Teper Y Thomas.C
Thomas.M Y Thompson N Thurmond Y Titus N Tolbert N Townsend Y Twiggs Y Vaughan
Waddle Y Walker.C N Walker.L Y Wall
Ware Watson N Watts White N Wilder N Williams.B Y Williams,J
N Yates Y Yeargin
Murphy.Spkr

On the motion, the ayes were 94, nays 64. The motion prevailed.

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

Aaron Abernathy N Adams Aiken N Alford Y Alien N Athon Y Atkins N Bailey N Baker Y Balkcom Y Bannister N Barfoot N Bargeron N Barnett.B Y Barnett,M Beck

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

N Childers Clark.B
Y Clark.H Y Clark.L
N Colbert Y Coleman Y Colwell
Connell N Couch
Cox N Crawford Y Crosby N Cummings,B Y Cummings.M
Davis.C N Davis.G Y Davis.M

Y Dixon.H N Dixon,S N Dobbs N Dover Y Dunn Y Edwards Y Ehrhart N Felton N Fennel Y Floyd Y Foster
Y Godbee Y Goodwin Y Green Y Greene Y Gresham
Griffin

N Groover Y Hamilton Y Manner Y Harris
N Hasty N Heard N Herbert N Holcomb Y Holland N Holmes Y Hooks Y Howren Y Hudson N Irwin N Isakson N Jackson,J Y Jackson.W

1926

JOURNAL OF THE HOUSE,

Y Jamieson
Y Jenkins Johnson
N Jones
Y Kilgore
Y Kingston
N Lane.D Y Lane.R N Langford
N Lawrence
N Lawson N Lee N Linder N Long N Lord
N Lucas N Lupton N Mangum
N Martin

Y McCoy
McDonald N McKelvey Y McKinney.B
Y McKinney.C
Y Meadows
Milam N Mobley Y Moody
Y Moore
N Morton Moultrie
Y Mueller Y Oliver.C N Oliver.M
N Orr N Orrock Y Padgett
Pannell

Y Parham
Y Parrish N Patten N Pettit
N Pinkston
Y Poag
Y Porter N Poston Y Powell
Y Rainey
N Randall Ransom
Y Ray Y Reaves Y Redding
N Richardson N Ricketson N Robinson
Y Royal

N Selman
N Simpson N Sinkfield Y Smith.L
N Smith,?
Y Smith.T
Y Smith,W N Smyre Y Snow
N Stancil.F
N Stancil.S N Stanley N Steele N Stephens Y Teper
N Thomas.C Thomas.M
N Thompson
N Thurmond

Y Titus
N Tolbert N Townsend
Twiggs
N Vaughan
Waddle
Y Walker.C N Walker.L Y Wall
Ware
Watson N Watts
White N Wilder N Williams.B
Williams.J N Yates Y Yeargin
Murphy.Spkr

On the re-adoption of the Moore amendment, the ayes were 71, nays 84. The amendment was again lost.

The following amendment was read and lost:

Representative Titus of the 143rd moves to amend the Committee substitute to SB 86 as follows:
To add on line 28, page 4, the following:
Provided that no ground water may be pumped beyond the county in which it originates.

The following amendment was read and adopted:

Representatives Foster of the 6th and Griffin of the 6th move to amend the Committee substitute to SB 86 as follows:
On page 7 line 15 strike the word "or".

The following amendment was read and lost:

Representative Foster of the 6th moves to amend the Committee substitute to SB 86 as follows:
By inserting on page 15 line 17 between the words "due" and "to" the following: "and not in dispute";
and on page 15 line 26 a new sentence to begin after "defaults." to read as follows:
"Funds appropriated by the General Assembly for the purposes of public education, the public health and safety and the general welfare shall not be subject to withholding under this paragraph, nor local option monies collected by the state."

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:

TUESDAY, MARCH 7, 1989

1927

Aaron N 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 N 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
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 N Hamilton Y Manner 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 Y Jackson.W Y Jamieson N Jenkins
Johnson Y Jones Y Kilgore N 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

N 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 Y Pannell
Par ham Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter
Y Poston Y Powell Y Rainey Y Randall
Ransom
YRay Y Reaves Y Redding N Richardson Y Ricketson Y Robinson
Y Royal Y Selman Y Simpson

Sinkfield Y Smith.L Y Smith,? Y Smith.T N Smith, W Y Smyre Y Snow
Y Stancil.F Y Stancil.S Y Stanley
Y Steele Y Stephens N Teper Y Thomas.C N Thomas.M
Y Thompson Y Thurmond N Titus Y Tolbert
Y Townsend Twiggs
Y Vaughan 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, as amended, the ayes were 145, nays 13.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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.

The following Committee substitute was read:

A BILL
To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to authorize rules and regulations of the Department of Banking and Finance relative to the competition of financial institutions with others providing financial services and unfair or deceptive business practices; to provide for additional operational powers of banks and trust companies; to change provisions relative to a bank or trust company's authority to acquire and hold real property; to provide for approval of acquisitions of real property; to provide that a bank or trust company may acquire an ownership interest in real estate incidental to the financing of certain transactions involving the real estate within certain limitations; to authorize investments in certain mutual funds, investment trusts, or pools; to provide for rules and regulations concerning investments; to authorize banks to hold shares of certain types of stock; to

1928

JOURNAL OF THE HOUSE,

authorize the purchase of certain securities not inconsistent with regulation of the department; to prohibit certain acts regarding the use of information obtained through association with a financial institution; 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. Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by striking Code Section 7-1-61, relating to rules and regulations, in its entirety and substituting in lieu thereof a new Code Section 7-1-61 to read as follows:
"7-1-61. (a) The department shall have the authority to promulgate rules and regulations to effectuate the objectives or provisions of this chapter. Without limiting the generality of the foregoing, the department is expressly authorized to make rules and regulations, consistent with this chapter, relating to operations of financial institutions to enable ^
(1) Enable financial institutions existing under the laws of this state to compete fairly with financial institutions and others providing financial services in this state existing under the laws of the United States srtd , other states, or foreign governments; or te protect
(2) Protect financial institutions jeopardized by new economic or technological conditions. (b) Rules and regulations promulgated by the department may provide for controls and restrictions reasonably necessary to prevent unfair or deceptive business practices which are prohibited under Code Section 10-1-393 or which would unfairly operate to the detriment of any competing business or enterprise or to persons utilizing the services of any financial institution, its subsidiary, or affiliate. (c) All rules and regulations shall be promulgated in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' including the requirements for hearing as stated in that chapter. Regulations issued under this or other provisions of this chapter may make appropriate distinctions between types of financial institutions and may be amended, modified, or repealed from time to time."
Section 2. Said chapter is further amended by striking paragraph (10) of Code Section 7-1-261, relating to operational powers, and substituting in lieu thereof a new paragraph (10) to read as follows:
"(10) To have and exercise all powers necessary or convenient to effect any and all purposes for which the bank or trust company is organized including those authorized to subsidiaries of the bank or trust company pursuant to subparagraph (c)(2)(F) of Code Section 7-1-288 and to carry on a banking or trust business consistent with the objectives of this chapter and the regulations of the department."
Section 3. Said chapter is further amended by striking Code Section 7-1-262, relating to the power to hold real estate, in its entirety and substituting in lieu thereof a new Code Section 7-1-262 to read as follows:
"7-1-262. (a) A bank or trust company may solely or jointly with other persons or corporations acquire and hold such real property as it:
(1) Occupies or intends to occupy primarily for the transaction of its business, the business of any subsidiary or affiliate, or the recreational use of its employees or partly so occupies and partly leases;
(2) Acquires for the purpose of providing parking or other facilities primarily for the use of its tenants, customers, officers, and employees; or
(3) Acquires with others for the purpose of providing data processing facilities or other support services for the bank or trust company er for the bank er trust company and others or any subsidiary solely or in cooperation with others, subject to the limitation that the investment of the bank or trust company in all such real property, in all furniture, fixtures, and equipment acquired in connection with any real property owned or leased by the bank or trust company, in all alterations of buildings on real property owned or leased by the bank or trust company, in all shares of

TUESDAY, MARCH 7, 1989

1929

corporations organized for the purpose of holding real estate in the categories described above; and where the bank or trust company or a subsidiary of the bank or trust company owns 25 percent or more of such shares outstanding, in obligations of or for the benefit of such corporations or loans upon the security of the shares of such corporations or, to the extent of the bank's or trust company's pro rata interest, the security of the real estate itself, and in all real estate, furniture, fixtures, or equipment held beyond the limits specified in Code Section 7-1-263 shall not exceed 60 percent of the statutory capital base of the bank or trust company, or such larger amount as may be approved by the department.
(b) All acquisitions of real property for purposes authorized above must be accorded prior written approval by the department in advance of the acquisition except to the extent authorized by regulation."
Section 4. Said chapter is further amended by adding at the end of Code Section 7-1-286, relating to real estate loans, a new subsection (e) to read as follows:
"(e) Notwithstanding any other provisions of this chapter and otherwise subject to regulations of the department, a bank or trust company may acquire, directly or indirectly, an ownership interest in real estate incidental to the financing of the purchase, development, or improvement of such real estate, provided:
(1) The amount of such ownership interest shall not exceed 25 percent of the appraised value of the real estate;
(2) The amount of such ownership interest when aggregated with the amount financed shall not exceed the limitations prescribed by this Code section and Code Section 7-1-285; and
(3) The ownership interest shall be terminated upon substantial repayment of the financing in the manner prescribed in Code Section 7-1-263, relating to the divestiture of real estate interest."
Section 5. Said chapter is further amended by striking Code Section 7-1-287, relating to investment securities, in its entirety and substituting in lieu thereof a new Code Section 7-1-287 to read as follows:
"7-1-287. A Notwithstanding the limitations of Code Section 7-1-288, a bank may purchase, sell, underwrite, and hold investment securities which are obligations in the form of bonds, notes, or debentures or mutual funds, investment trusts, or pools primarily consisting of such bonds, notes, or debentures to the extent and under sttefe regulations as may be promulgated by authorized by the department; provided that a . The department may issue regulations which prescribe operating restrictions and standards of conduct dealing with potential conflicts of interest and shall prescribe rules for divestiture of securities held in violation of such regulations and fines for violations not to exceed $10,000.00 per day during which each violation remains uncorrected. A bank may hold without limit such investment securities which are obligations of the United States or obligations which are guaranteed fully as to principal and interest by the United States or general obligations of any state."
Section 6. Said chapter is further amended by striking subsection (c) of Code Section 7-1-288, relating to corporate stock and securities, in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) A Notwithstanding any other provisions of law to the contrary, a bank may acquire and hold for its own account:
(1) Shares of stock of a federal reserve bank without limitation of amount; (2) Shares of stock of:
(A) The Federal National Mortgage Association and a corporation authorized te be created pursuant te Title IX ef- the Housing and Urban Development Act ef 1868 Any state or federal government sponsored instrumentality for the guarantee, underwriting, or marketing of residential housing or financing of residential housing;
(B) A business development corporation or small minority business development corporation authorized under Article 6 of this chapter;
(C) An agricultural credit corporation duly organized under the laws of this state having authority to make loans to farmers of this state for agricultural purposes and

1930

JOURNAL OF THE HOUSE,

to discount the some witn tne Intermediate L^rcdit oanK ei Ljolumbia under programs administered by the federal farm credit system;
(D) A bank service corporation created to provide check ad deposit sorting and posting; computation ad posting ef interest and other credits ae4 charges; prcpara-
ie&i-, clearing, bookkeeping, accounting, statiatical, er similar services support services for one or more banks financial institutions;
(E) (i) A banking institution principally engaged in foreign or international banking or banking in a dependency or insular possession of the United States, either directly or through the agency, ownership, or control of local institutions in foreign countries or in such dependencies or insular possessions, including the stock of one or more corporations existing pursuant to Section 25(a) of the Federal Reserve Act, provided that, before a bank may purchase a majority interest in any such banking institution, it shall enter into an agreement with the department to restrict its operations in such manner as the department may prescribe; and provided, further, that, if the department determines that said restrictions have not been complied with, it may order the disposition of said stock upon reasonable notice; or
(ii) A banking institution which is engaged in providing banking or other financial services to such extent as is permitted by regulations of the department to depository financial institutions located primarily within this state and whose ownership consists primarily of such depository financial institutions; (F) A corporation engaged in functions or activities that the bank or trust company is authorized to carry on, including, but not limited to, conducting a safedeposit business, holding real estate that may be feeW by the bank ef trust company, acting as a financial planner or investment advisor, offering of a full range of investment products, promoting and facilitating international trade and commerce, or exercising powers incidental to the banking business as provided in paragraph (10) of Code Section 7-1-261; provided, however, nothing contained in this Code section shall exempt any such corporation from undertaking registration, licensing, or other qualification to engage in such functions or activities as may otherwise be required by law; and (G) Other corporations created pursuant to act of Congress or pursuant to Chapter 3 of Title 14, known as the 'Georgia Nonprofit Corporation Code' for the purpose of meeting the agricultural, housing, health, transit, educational, environmental, or similar needs ef th nation where the department determines that investment therein by banks is in the public interest, provided that the bank's investment in any such category of stock under this paragraph (2) ef this subacction shall not exceed 10 percent of its statutory capital base, except that, in the case of stock acquired under subparagraph (F) of this paragraph {2} ef this subsection, such investment shall not exceed the lesser of 10 percent of the total assets of the bank or 100 percent of the statutory capital base of the bank; and provided, further, that no acquisitions may be made pursuant to subparagraphs (D) through (G) of this paragraph 42) ef this subsection without the prior approval of the department; and (3) Shares of stock of small business investment companies organized under acts of Congress and doing business in this state, provided that the aggregate investment by the bank in such shares shall not exceed 5 percent of its statutory capital base."
Section 7. Said chapter is further amended by striking Code Section 7-1-314, relating to the purchase in fiduciary capacity of securities underwritten by syndicate which includes the financial institution, in its entirety and substituting in lieu thereof a new Code Section 7-1-314 to read as follows:
"7-1-314. A trust company or a financial institution with fiduciary powers may, in its fiduciary capacity, purchase securities underwritten by a syndicate which includes the financial institution or an affiliate of the financial institution, provided such purchase is otherwise prudent and , not prohibited by the instrument governing the fiduciary relationship, and not otherwise inconsistent with regulations issued by the department."

TUESDAY, MARCH 7, 1989

1931

Section 8. Said chapter is further amended by striking the period at the end of paragraph (4) and substituting in lieu thereof the symbol ";" and by adding a new paragraph (5) at the end of Code Section 7-1-842, relating to felonies of directors, officers, agents, and employees of financial institutions and the aiding and abetting of false entries, to read as follows:
"(5) Uses information obtained through his association with the financial institution which he serves as a director, officer, agent, or employee, which is not otherwise publicly available, with the intent to realize personal gain or to cause financial harm to another party shall be guilty of a felony and, upon conviction, shall be punished by a fine not to exceed $10,000.00 or twice the amount of improper gain realized, whichever is less, or by imprisonment and labor in the penitentiary for not less than one year nor more than five years, or both."
Section 9. 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 SB 150 as follows:
By adding a new paragraph "(4)" after the end of line 17 on page 5 the following:
"(4) Anytime real estate owned by a bank or trust company pursuant to the provisions of Section 4 of this Act, is held or disposed of pursuant to the provisions of Code Section 7-1-263, said action to hold or dispose shall be reported in writing annually to the stockholders. Said report shall include disclosure of any real estate acquired by foreclosure or the taking by a deed in lieu of foreclosure and the name or names of the corporation or individuals from whom title was taken."

The Committee substitute, as amended, was adopted.

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

The Speaker assumed the Chair.

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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

1932

JOURNAL OF THE HOUSE,

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.

The following amendment was read and adopted:

Representative Jamieson of the llth moves to amend SB 249 as follows: Delete on line 2 of page 2 of the Senate Floor Substitute to SB 249 the word: "officers"; and substitute in lieu thereof the following: "officials".

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

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

SB 267. By Senators Stumbaugh of the 55th, Dawkins of the 45th, Tysinger of the 41st and others:
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; to provide for definitions; to provide for membership in the pool; to provide for operation of the pool; to provide for a board of directors; to provide for powers and duties of the pool.

TUESDAY, MARCH 7, 1989

1933

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

SB 294. By Senator Howard of the 42nd:
A bill to amend Chapter IDA 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 following Committee substitute was read:

A BILL
To amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," so as to provide for persons who may serve as supervisors; to change certain examination requirements; to change the provisions regarding licensure in marriage and family therapy; to change certain provisions regarding the termination of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists; 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 10A of Title 43 of the Official Code of Georgia Annotated, the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," is amended by adding at the end of Code Section 43-10A-7, relating to requirements for licensing under that law, a new subsection (d) to read as follows:
"(d) Notwithstanding any other provision of law to the contrary, a person who is exempt from licensure pursuant to paragraph (7) of subsection (b) of this Code section may be authorized by the board to serve as a supervisor as defined in paragraph (17) of Code Section 43-10A-3 without being licensed if such person meets all the requirements to be licensed and to serve as a supervisor in the specialty for which such person would serve as a supervisor and has filed the necessary documentation with and been approved by the standards committee of that specialty as required by the rules of the board."
Section 2. Said chapter is further amended by striking paragraph (2) of Code Section 43-10A-8, relating to eligibility for licensure, and inserting in its place a new paragraph to read as follows:
"(2) Having successfully passed the examination established for that specialty under Code Section 43-10A-9, except that;
\A) rorsons prscticm ft spGciflity on OF DCIOFC duly TJ lyoo, wrio riflvc flppiiGd lor liccnaurc prior te Jtriy t; 1086, ae! whe meet the requirements ef paragraph Q) ef this Code section; and
swe by reciprocity, persons meeting the requirements of paragraph (3) of Code Section 43-10A-13 shall not be required to pass such examination;"
Section 3. Said chapter is further amended by adding at the end of Code Section 43-10A-13, relating to requirements for licensure in marriage and family therapy, a new paragraph to read as follows:
"(3) A law degree and four years full-time post law degree experience under direction in the practice of any specialty, one year of which may have been in an approved internship program before or after the granting of the law degree and two years of which shall have been in the practice of marriage and family therapy; and 200 hours of supervision,

1934

JOURNAL OF THE HOUSE,

100 hours of which shall have been in the practice of marriage and family therapy; and who have applied for licensure prior to July 1, 1989."
Section 4. Said chapter is further amended by striking Code Section 43-10A-24, relating to termination of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, and inserting in its place a new Code section to read as follows:
"43-10A-24. For the purposes of Chapter 2 of this title, 'The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists shall be terminated on July 1, 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 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Randall of the 101st moves to amend the Committee substitute to SB 294 by striking "1995" from line 14 of page 3 and inserting in its place "1990".

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

Representative McDonald of the 12th arose to a point of personal privilege and addressed the House.

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

Mr. Speaker:

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

SB 216 Do Pass, by Substitute SB 287 Do Pass, by Substitute SB 324 Do Pass

SB 329 Do Pass, by Substitute SB 371 Do Pass, by Substitute SB 372 Do Pass

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

Representative Coleman of the 118th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:

TUESDAY, MARCH 7, 1989

1935

Your Committee on Ways & Means 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 349 Do Pass
Respectfully submitted, /s/ Coleman of the 118th
Chairman

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

1936

JOURNAL OF THE HOUSE,

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 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.
The following Senate substitute was read:
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 interest proceeds are donated to government operated or government sponsored indigent defense plans or programs; to authorize financial institutions to make available and maintain such accounts and to remit the interest payments; to limit the liability of financial institutions; to provide for procedures; to require pro bono legal services for indigent criminal defendants; 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 19 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions governing attorneys, is amended by adding a new Code Section 15-19-18, immediately following Code Section 15-19-17, to read as follows:
"15-19-18. (a) All persons licensed to practice law in the State of Georgia as of January 1, 1989 and thereafter shall be required annually to perform a minimum of forty (40) hours of pro bono legal services for indigent criminal defendants. This requirement may be satisfied by participating in the plan for funding indigent defense by establishing and maintaining an interest-bearing trust account as provided in this Code section.
(b) For the purpose of funding any government operated or government sponsored indigent defense plan or program, any attorney may, at his sole discretion and with or without notice to his client, elect to create and maintain an interest-bearing trust account for his client's funds which are nominal in amount or to be held for a short period of time, in compliance with the following provisions:
(1) Any attorney electing to deposit client funds in an interest-bearing trust account as authorized by this Code section shall direct the depository institution:
(A) To remit interest or dividends, net of any charges or fees, on the average monthly balance in the account, or as otherwise computed in accordance with an institution's standard accounting practice, at least quarterly, to a government operated or government sponsored indigent defense plan or program;
(B) To transmit with each remittance to the remittee a statement showing the name of the attorney or law firm from whom the remittance is sent; and
(C) To transmit to the depositing attorney or law firm a report showing the activity to the account since the last report including copies of remittances distributed pursuant to subparagraph (A) of this paragraph;

TUESDAY, MARCH 7, 1989

1937

(2) No earnings from such an account shall be deemed to be the property of or made available to the attorney or law firm making such election;
(3) An interest-bearing trust account may be established with any bank or savings and loan association authorized by federal or state law to do business in Georgia and insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation and any such financial institution which makes interestbearing accounts available on any other basis shall be authorized to make interestbearing accounts available for the purposes described in this Code section. Funds in each interest-bearing trust account shall be subject to withdrawal upon not more than seven days' notice; and
(4) The rate of interest payable on any interest-bearing trust account shall not be less than the rate paid by the depositor institution to regular, nonattorney depositors. Higher rates offered by the institution to customers whose deposits exceed certain time or quantity minima, such as those offered in the form of certificates of deposit, may be obtained by an attorney or law firm on some or all of the deposit funds so long as there is no impairment of the right to withdraw or transfer principal immediately, other than any mandatory early withdrawal penalty not in excess of accrued, but as yet unpaid, interest. (c) As used in this Code section the term 'indigent defense' refers to the provision of legal services to a defendant who is charged with a criminal offense under the laws of this state and who is unable, without undue hardship, to employ the legal services of an attorney or to defray the necessary expenses of legal representation. (d) No financial institution shall incur any liability for the misapplication by an indigent defense plan or program of any amounts remitted pursuant to this Code section, and no financial institution shall incur any liability for making remittances as provided for in this Code section to the remittee designated by the attorney or law firm. (e) The provisions of this Code section are intended as supplemental to and not as preemptive of the right of attorneys to participate in the existing interest on lawyer trust account program administered by the Georgia Bar Foundation pursuant to the provisions of Standard 65 of Bar Rule 4-102 and Directory Rule 9-102(C) under Rule 3-109 of the Rules and Regulations for the organization and government of the State Bar of Georgia. The provisions of this Code section are not intended to infringe upon the inherent powers of the Supreme Court to govern the practice of law, including without limitation the legislatively recognized power of the Supreme Court to adopt and enforce Standard 65 of Bar Rule 4-102 and Disciplinary Rule 9-102(A) and (B)."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Dunn of the 73rd moved that the House disagree to the Senate substitute to HB 105.
The motion prevailed.

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

SB 267. By Senators Stumbaugh of the 55th, Dawkins of the 45th, Tysinger of the 41st and others:
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; to provide for definitions; to provide for membership in the pool; to provide for operation of the pool; to provide for a board of directors; to provide for powers and duties of the pool.

Representative Dunn of the 73rd moved that the House insist on its position in substituting SB 267.

1938

JOURNAL OF THE HOUSE,

The motion prevailed.

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

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.

Representative Lane of the 27th moved that the House insist on its position in disagreeing to the Senate substitute to HB 215 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Groover of the 99th, Lane of the 27th and Lawson of the 9th.

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

SB 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.

The following Committee substitute was read:

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; to provide for permit conditions; to prohibit operation of certain sanitary landfills without proper certification; to prohibit operation of certain sanitary landfills by uncertified operators; to authorize the director of the Environmental Protection Division of the Department of Natural Resources to refuse to grant certain permits; to provide for the conditions for such refusal; to provide for publication of notice of certain meetings at which solid waste disposal facility siting decisions are to be made; to prohibit the issuance of a permit for a sanitary landfill within two miles of certain significant ground-water recharge areas except under certain conditions; to require adequate financial responsibility for persons operating or maintaining solid waste disposal facilities; to provide for powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources and the Board of Natural Resources with respect

TUESDAY, MARCH 7, 1989

1939

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 12 of the Official Code of Georgia Annotated, relating to the management, handling, and disposal of solid waste, is amended by striking Code Section 12-8-22, relating to definitions, and inserting in its place a new Code Section 12-8-22 to read as follows:
"12-8-22. As used in this article, the term: (1) 'Board' means the Board of Natural Resources of the State of Georgia. (2) 'Certificate' means a document issued by a college or university of the Univer-
sity System of Georgia or other organization approved by the director, stating that the operator has met the requirements of the board for the specified operator classification of the certification program.
42} (3) 'Contaminant' means any physical, chemical, biological, or radiological substance or matter.
{$) (4) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources.
{4} (5) 'Disposal facility' means any facility or location where any treatment, utilization, processing, or deposition of solid waste occurs.
4&) (6) 'Disposal site' means the location where the final deposition of solid waste occurs.
(7) 'Division' means the Environmental Protection Division of the Department of Natural Resources.
46} (8) 'Generator' means any person in Georgia or in any other state who creates solid waste.
(7) (9) 'Hazardous constituent' means any substance listed as a hazardous constituent in regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are in force and effect on February 1, 1988, codified as Appendix VIII to 40 C.F.R. Part 261 Identification and Listing of Hazardous Waste.
(10) 'Leachate collection system' means a system at a sanitary landfill for collecting the leachate which may percolate through the wastes and into the soils surrounding the landfill.
(8) (11) 'Manifest' means a form or document used for identifying the quantity and composition, and the origin, routing, and destination of special solid waste during its transportation from the point of generation, through any intermediate points, to the point of disposal, treatment, or storage.
(9) (12) 'Nuisance' means anything which: (A) Meets that definition of the term as defined by Code Section 41-1-1; and (B) Occurs during or as the result of the handling or disposing of solid waste.
(13) 'Operator' means the person having direct supervision of daily field operation of a disposal site to ensure that the site operates in compliance with the permit.
4W)} (14) 'Person' means the State of Georgia or any other state or any agency or institution thereof, and any municipality, political subdivision, public or private corporation, special district empowered to engage in solid waste management activities, individual, partnership, association, or other entity in Georgia or any other state. This term also includes any officer or governing or managing body of any municipality, political subdivision, special district empowered to engage in solid waste management activities, or public or private corporation in Georgia or any other state. This term also includes employees, departments, and agencies of the federal government.
(15) 'Sanitary landfill' means a disposal site where putrescible solid wastes are disposed of by means of placing an earth cover thereon.
4H) (16) 'Solid waste' means putrescible and nonputrescible wastes, except water carried body waste and materials destined for recycling, and shall include garbage, rubbish (paper, cartons, boxes, wood, tree branches, yard trimmings, furniture and

1940

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appliances, metal, tin cans, glass, crockery, or dunnage), ashes, street refuse, dead animals, sewage sludges, animal manures, industrial wastes (waste materials generated in industrial operations), residue from incineration, food processing wastes, demolition wastes, abandoned automobiles, dredging wastes, construction wastes, and any other waste material in a solid or semisolid state not otherwise defined in this article.
(i3) (17) 'Solid waste handling' means the storage, collection, transportation, treatment, utilization, processing, or disposal of solid wastes, or any combination of such activities.
{13} (18) 'Special solid waste' means any solid waste not otherwise regulated under Article 3 of this chapter, known as the 'Georgia Hazardous Waste Management Act,' and regulations promulgated thereunder originating or produced from or by a source or generator not subject to regulation under subsection (g) of Code Section 12-8-27."
Section 2. Said article is further amended by deleting "and" immediately following the semicolon at the end of subparagraph (H) of paragraph (1) of Code Section 12-8-23, relating to powers and duties of the Board of Natural Resources, and by adding three new subparagraphs immediately following subparagraph (H), to be designated subparagraphs (I), (J), and (K), respectively, to read as follows:
"(I) Rules and regulations establishing the criteria for approval, time periods for coverage, and other terms and conditions for the demonstration of financial responsibility required by this article and for the implementation of financial responsibility instruments;
(J) Rules and regulations establishing qualifications for and certification of sanitary landfill operators through colleges or universities of the University System of Georgia or other organizations as may be determined acceptable by the board; and
(K) Rules and regulations providing for the certification of persons as to their qualifications to supervise successfully the daily operation of sanitary landfills."
Section 3. Said article is further amended by striking paragraph (3) of subsection (a) of Code Section 12-8-23.1, relating to powers and duties of the director, and inserting in its place a new paragraph (3) to read as follows:
"(3) (A) To issue all permits contemplated by this article, stipulating in each permit the conditions or limitations under which such permit is issued, and to deny, revoke, modify, or amend such permits.
(B) To refuse to grant such permit if the director finds by clear and convincing evidence that the applicant for a permit or, in the case of a corporation, partnership, or association, an officer, director, manager, or shareholder of 5 percent or more of stock or financial interest in said corporation, partnership, or association:
(i) Has intentionally misrepresented or concealed any material fact in the application submitted to the director;
(ii) Has obtained or attempted to obtain the permit by misrepresentation or concealment;
(iii) Has been convicted by final judgment, and all appeals have been exhausted, in the State of Georgia or any federal court of any felony involving moral turpitude within three years immediately preceding the application for a permit;
(iv) Has been convicted of any violations of any environmental laws punishable as a felony in any state or federal court within five years preceding the application for a permit;
(v) Has knowingly, willfully, and consistently violated prohibited acts specified in Code Section 12-8-26; and
(vi) Has been adjudicated in contempt of any court order enforcing any federal environmental laws or any environmental laws of the State of Georgia within five years preceding the application for a permit;"
Section 4. Said article is further amended by adding a new Code section immediately following Code Section 12-8-27, to be designated Code Section 12-8-27.1, to read as follows:
"12-8-27.1. (a) Any certificate granted under this article shall be renewable every
five years.

TUESDAY, MARCH 7, 1989

1941

(b) The division shall approve all examinations and courses to be used in determining the knowledge, ability, and judgment of applicants for certification under this article. Such courses and examinations shall be given at least twice annually.
(c) Upon application, a certificate may be issued without examination, in a comparable classification to any person who holds a certificate in any state, territory, or possession of the United States or any country, provided that the requirements for certification of operators under which the person's certificate was issued do not conflict with this article and are of a standard not lower than that specified by regulations adopted under this article; provided, further, that reciprocal privileges are granted to certified operators of this state.
(d) The director may investigate the actions of any operator and may revoke or suspend the certificate of an operator, following a hearing conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' when it is found that the operator has practiced fraud or deception; that reasonable care, judgment, or the application of his knowledge or ability was not used in the performance of his duties; or that the operator is incompetent or unable to perform his duties properly.
(e) The division shall classify all sanitary landfills required to have operators certified under this article with due regard to the size, type, character of the solid waste to be disposed of, and other physical conditions affecting such sanitary landfills according to the skill, knowledge, and experience that the operator in responsible charge must have to operate the facilities successfully so as to protect the public health and welfare and prevent environmental problems.
(f) The director is authorized where appropriate to include, as a condition in a permit issued pursuant to this article, the 'Solid Waste Management Act,' a requirement that the operator in responsible charge be duly certified in accordance with this article.
(g) (1) After July 1, 1991, no person in responsible charge of a sanitary landfill which has a leachate collection system shall perform the duties of a sanitary landfill operator without being duly certified under this article.
(2) After July 1, 1991, no sanitary landfill which has a leachate collection system shall be operated in Georgia unless the person in responsible charge is certified under this article. All inspectors of sanitary landfills shall be certified to inspect the same."
Section 5. Said article is further amended by adding two new Code sections immediately following Code Section 12-8-28.2, to be designated Code Sections 12-8-28.3 and 12-8-28.4, respectively, to read as follows:
"12-8-28.3. The governing authority of any county or municipality taking action resulting in a solid waste disposal facility siting decision shall cause to be published within a newspaper of general circulation within the territorial boundaries of such county or municipality a notice of the meeting at which such siting decision is to be made at least once a week for two weeks immediately preceding the date of such meeting. Such notice shall state the time, place, and purpose of the meeting.
12-8-28.4. No permit shall be issued for a sanitary landfill if any part of such site is within two miles of any area that has been designated by the director as a significant ground-water recharge area unless such sanitary landfill will have a liner and leachate collection system and meets any other requirements as may be established by rules and regulations of the board or pursuant to other geological considerations as may be determined appropriate by the director."
Section 6. Said article is further amended by adding at the end thereof two new Code sections, to be designated Code Sections 12-8-45 and 12-8-46, respectively, to read as follows:
"12-8-45. (a) As used in this Code section, the term 'financial responsibility mechanism' means a mechanism designed to demonstrate that sufficient funds will be available to meet specific environmental protection needs of solid waste disposal facilities. Available financial responsibility mechanisms include but are not limited to insurance, trust funds, surety bonds, letters of credit, personal bonds, certificates of deposit, and financial tests and corporate guarantees as defined in 40 C.F.R. Part 264 Subpart H Financial Requirements.

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(b) No solid waste disposal facility shall be operated or maintained by any person unless adequate financial responsibility has been demonstrated to the director to ensure the satisfactory maintenance, closure, and postclosure care of such facility; any corrective action which may be required as a condition of a permit. The available financial responsibility mechanisms shall be expansive with adequate variety and flexibility to allow the owner or operator to meet its financial obligations. The owner or operator shall be allowed to use combined financial responsibility mechanisms for a single facility and shall be allowed to use combined financial responsibility mechanisms for multiple facilities utilizing actuarially sound risk-spreading techniques. The director may require the demonstration of financial responsibility prior to issuing a permit for any solid waste disposal facility.
(c) The provisions of this Code section shall not apply to any county, municipality, or special district empowered to engage in solid waste management activities which operates or maintains a solid waste disposal facility unless and until such times as federal regulations require counties, municipalities, or special districts to demonstrate financial responsibility for such facilities."
Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Dobbs of the 74th moves to amend the Committee substitute to SB 70 as follows:
Strike lines 25 through 29 page 6 and insert:
(iv) Has been convicted of any violations of any environmental laws of the State of Georgia punishable as a felony in any state or federal court of this state within five years preceding the application for a permit;
Insert on page 7 between lines 3 and 4 the following:
(vii) The Director may also take into consideration the totality of the circumstances of any factor enumerated in items (i) through (vi) including any rehabilitation or corrective action taken by the applicant with respect to any such factor and may also take into consideration the history of the applicant or, if a subsidiary, its parent company with respect to its environmental activities in other states.

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

N Aaron Y Abernathy Y Adams N Aiken N Alford Y Alien N Athon N Atkins Y Bailey
Baker Y Balkcom
Y Bannister Y Barfoot N Bargeron
N Barnett.B
Y Barnett,M Y Beck
Y Benefield
Y Benn

Y Birdsong Y Bishop
Bostick N Branch Y Breedlove Y Brooks N Brown Y Buck N Buford N Byrd N Carrell
Y Carter N Chambless Y Chance
N Cheeks
N Childers N Clark,B
Y Clark.H
N Clark.L

N Colbert Coleman
N Colwell Y Connell N Couch
Cox N Crawford N Crosby N Cummings.B
Cummings.M N Davis.C
Y Davis.G Y Davis.M
Dixon.H
N Dixon.S
Y Dobbs N Dover
Dunn
Y Edwards

Y Ehrhart Felton
Y Fennel Y Floyd
Foster N Godbee Y Goodwin Y Green N Greene N Gresham Y Griffin
Y Groover N Hamilton Y Hanner
N Harris
N Hasty N Heard
N Herbert
Y Holcomb

N Holland Y Holmes N Hooks Y Howren N Hudson N Irwin Y Isakson N Jackson,J Y Jackson.W N Jamieson N Jenkins
Y Johnson N Jones N Kilgore
Y Kingston
N Lane.D Y Lane.R
Langford
Y Lawrence

TUESDAY, MARCH 7, 1989

1943

N Lawson
YLee Y Linder YLong
Lord Y Lucas Y Lupton N Mangum
Martin N McCoy N McDonald N McKelvey
N McKinney.B N McKinney.C N Meadows N Milam N Mobley

N Moody N Moore N Morton N Moultrie N Mueller
Oliver.C
N Oliver.M Orr
N Orrock N Padgett N Pannell N Parham
N Parrish Y Patten N Pettit Y Pinkston NPoag

N Porter N Poston N Powell N Rainey Y Randall
Ransom
NRay N Reaves Y Redding N Richardson N Ricketson
N Robinson N Royal Y Selman N Sitnpson N Sinkfield N Smith.L

Y Smith.P Smith.T
N Smith, W Smyre
NSnow N Stancil.F
N Stancil.S Stanley Steele
Y Stephens N Teper
Thomas,C
Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert

Y Townsend N Twiggs Y Vaughan
Waddle N Walker.C N Walker,L Y Wall
Y Ware N Watson N Watts
White Y Wilder Y Williams.B
Williams,J N Yates N Yeargin
Murphy.Spkr

On the adoption of the amendment, the ayes were 64, nays 92. The amendment was lost.

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

The following amendment was read and adopted:

Representative Wilder of the 21st moves to amend the Committee substitute to SB 70 by inserting on line 8 of page 1 after the word and symbol "conditions;" the following:
"to provide for public notice and hearing prior to the issuance of a permit;".
By inserting between lines 3 and 4 of page 7 the following:
"Section 4. Said article is further amended by striking Code Section 12-8-27, relating to permits for handling solid waste and constructing and operating disposal facilities, in its entirety and inserting in lieu thereof the following:
'12-8-27. (a) No person shall engage in solid waste or special solid waste handling for any solid waste or special solid waste that is to be disposed in a Georgia disposal facility, and no person shall construct or operate a disposal facility or disposal site in Georgia, except those individuals exempted from this article under Code Section 12-8-40 without first obtaining a permit from the director authorizing such activity.
(b) The board shall promulgate regulations prescribing the procedure to be followed in applying for such permits and requiring the submission of such plans, specifications, and other information as he deems relevant in connection with the issuance of such permits.
(c) If the director determines that such activity will result in any violation of this article or any rule or regulation promulgated pursuant to this article, he shall deny the permit; otherwise, he shall issue the permit, specifying on the permit the conditions under which such activity shall be conducted ; provided, however, that a public hearing shall be held not less than two weeks pjrior to the issuance of any permit under this Code section and notice of such hearing shall be posted at the proposed site and advertised in the legal organ of the county or counties in which the proposed facility will be located at least 30 days prior to such hearing.
(d) The director may amend, modify, or revoke any permit issued pursuant to this Code section if the owner of the permit is found to be in violation of any of the permit conditions or if the holder of the permit fails to perform such activity in accordance with this article or rules promulgated thereunder.

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(e) In the event of modification or revocation of a permit, the director shall serve written notice of such action on the permit holder and shall set forth in such notice the reason for such action.
(f) Prior to the issuance of any permit for a disposal facility or disposal site, the director shall require conformation with local zoning or land use ordinances.
(g) The director or his designee is authorized to inspect any generator in Georgia to determine whether that generator's solid waste is acceptable for the intended handling or intended disposal facility. The division may require any generator in Georgia to cease offering solid waste for handling or disposal if such solid waste is not acceptable, and the division may prohibit the handling or disposal of such solid waste until waste management procedures acceptable to the division are developed. Said prohibition shall continue in effect until the waste management procedure for handling and disposal are approved in writing by the division. Any generator or handler in Georgia who does not comply with a prohibition made under this subsection shall be in violation of this article.'"
By redesignating Sections 4 through 8 as Sections 5 through 9, respectively.

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
Baker Y Balkcom
Bannister Y Barfoot Y Bargeron
Y Barnett.B N Barnett.M YBeck
Y Benefield Benn
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 N 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 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 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 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 Lord 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 Y Moultrie
Y Mueller Oliver.C
Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish
Y Patten Y Pettit N 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
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
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 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 155, nays 7.

TUESDAY, MARCH 7, 1989

1945

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

By unanimous consent, SB 70, by substitute, as amended, was ordered immediately transmitted to the Senate.

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

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.

Representative Colwell of the 4th moved that the House insist on its position in substituting SB 257.
The motion prevailed.

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

SB 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.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to 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; to change certain provisions relating to rules and regulations; to change the provisions relating to compliance of existing and proposed buildings and structures which present special hazards to persons or property with minimum fire safety standards; to provide for safety standards of certain electrical requirements; to authorize the Safety Fire Commissioner or his delegate or other authorized persons to obtain inspection warrants in order to search and inspect certain property; to provide for the issuance of inspection warrants and the grounds therefor; to provide for the contents of inspection warrants; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation, etc., of fire and other hazards to persons and property generally, is

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JOURNAL OF THE HOUSE,

amended by striking in its entirety subparagraph (b)(l)(H) of Code Section 25-2-13, relating to buildings presenting special hazards to persons or property and requiring special standards of construction and maintenance, and inserting in lieu thereof a new subparagraph (b)(l)(H) to read as follows:
"(H) Department stores and retail mercantile establishments having a gross floor area of 25,000 square feet on any one floor or having three or more floors that are open to the public. For purposes of this subparagraph, shopping centers and malls shall be assessed upon the basis of the entire area covered by the same roof or sharing common walls; provided, however, that nothing in this Code section shall apply to single-story malls or shopping centers where every individual occupancy located therein has subdivided into areas of less than 25,000 square feet^ where every such common wall has by a wall or walls with a two-hour fire resistance rating and is scaled tightly to the underside el the deck, and where there are unobstructed exit doors in the front and rear of every such individual occupancy which open directly to the outside;".
Section 2. Said chapter is further amended by striking in its entirety subsection (e) of Code Section 25-2-13, relating to buildings presenting special hazards to persons or property and requiring special standards of construction and maintenance, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) All rules and regulations promulgated before April 1, 1982 1968, by the Commissioner or the state fire marshal and the minimum fire safety standards adopted therein shall remain in full force and effect where applicable until such time as they are amended by the appropriate authority."
Section 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 25-2-14.1, relating to compliance of existing and proposed buildings and structures which present special hazards to persons or property with minimum fire safety standards, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Every building and structure existing as of April 1, 1082 1968, which building or structure is listed in paragraph (1) of subsection (b) of Code Section 25-2-13 shall comply with the minimum fire safety standards adopted in the rules and regulations promulgated pursuant to this chapter which were in effect at the time such building or structure was constructed, except fer those standards pertaining te electrical requirements, which shall be that any nonconformance noted under the electrical standards adopted at the time such building or structure was constructed shall be corrected in accordance with the current electrical standards adopted pursuant to this chapter. A less restrictive provision contained in any subsequently adopted minimum fire safety standard may be applied to any existing building or structure."
Section 4. Said chapter is further amended by adding between Code Sections 25-2-22 and 25-2-23 a new Code Section 25-2-22.1 to read as follows:
"25-2-22.1. (a) The Commissioner, his delegate, or any other person authorized under this title to conduct inspections of property, in addition to other procedures now or hereafter provided, may obtain an inspection warrant under the conditions specified in this Code section. Such warrant shall authorize the Commissioner or his delegate or such authorized person to conduct a search or inspection of property either with or without the consent of the person whose property is to be searched or inspected if such search or inspection is one that is elsewhere authorized under this title or the rules and regulations duly promulgated hereunder.
(b) Inspection warrants may be issued by any judge of the superior, state, municipal, or magistrate court upon proper oath or affirmation showing probable cause for the purpose of conducting inspections authorized by this title or rules promulgated under this title and for the seizure of property or the taking of samples appropriate to the inspection. For the purposes of issuance of inspection warrants, probable cause exists upon showing a valid public interest in the effective enforcement of this title or rules promulgated under this title sufficient to justify inspection of the area, premise, building, or conveyance in the circumstances specified in the application for the warrant.
(c) A warrant shall be issued only upon affidavit of the Commissioner or his designee
or any person authorized to conduct inspections pursuant to this title, sworn to before

TUESDAY, MARCH 7, 1989

1947

the judicial officer and establishing the grounds for issuing the warrant. The issuing judge may issue the warrant when he is satisfied that the following conditions are met:
(1) The one seeking the warrant must establish under oath or affirmation that the property to be inspected is to be inspected as a part of a legally authorized program of inspection which includes that property or that there is probable cause for believing that there is a condition, object, activity, or circumstance which legally justifies such an inspection of that property; and
(2) The issuing judge determines that the issuance of the warrant is authorized by this Code section. (d) The warrant shall:
(1) State the grounds for its issuance and the name of each person whose affidavit has been taken in support thereof;
(2) Be directed to persons authorized by this title to conduct inspections to execute it;
(3) Command the persons to whom it is directed to inspect the area, premise, building, or conveyance identified for the purpose specified and, if appropriate, direct the seizure of the property specified;
(4) Identify the item or types of property to be seized, if any; and (5) Designate the judicial officer to whom it shall be returned. (e) A warrant issued pursuant to this Code section must be executed and returned within ten days of its date of issuance unless, upon a showing of a need for additional time, the court orders otherwise. If property is seized pursuant to a warrant, a copy shall be provided upon request to the person from whom or from whose premises the property is taken, together with a receipt for the property taken. The return of the warrant shall be made promptly, accompanied by a written inventory of any property taken. A copy of the inventory shall be delivered upon request to the person from whom or from whose premises the property was taken and to the applicant for the warrant. (f) The judicial officer who has issued a warrant shall attach thereto a copy of the return and all papers returnable in connection therewith and file them with the clerk of the superior court for the county in which the inspection was made."
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 120, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, SB 261, by substitute, was ordered immediately transmitted to the Senate.

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.

The report 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 0.

1948

JOURNAL OF THE HOUSE,

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

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.

The report 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 3.
The Bill, having received the requisite constitutional majority, was passed.

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.

The following amendment was read and adopted:

Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th move to amend SB 239 by adding following the word and symbol "actions;" on line 6 of page 1 the following:
"to amend Chapter 7 of Title 51 of the Official Code of Georgia Annotated, relating to false arrest, false imprisonment, and malicious prosecution, so as to provide for the tort of abusive litigation; to provide for definitions; to define such tort; to provide for the prosecution of claims; to provide for assessment of damages, costs and expenses, and attorney's fees; to provide for matters relative to the foregoing; to provide that other statutory or common law claims for malicious use of civil proceedings, malicious abuse of civil process, and abusive litigation shall not be allowed;".
By adding between lines 20 and 21 of page 2 the following:
"Section 2. Chapter 7 of Title 51 of the Official Code of Georgia Annotated, relating to false arrest, false imprisonment, and malicious prosecution, is amended by adding at the end thereof a new article, to be designated Article 5, to read as follows:
'ARTICLE 5
51-7-80. As used in this article, the term:
(1) "Civil proceeding" includes any action, suit, proceeding, counterclaim, crossclaim, third-party claim, or other claim at law or in equity.
(2) "Claim" includes any allegation or contention of fact or law asserted in support of or in opposition to any civil proceeding, defense, motion, or appeal.
(3) "Defense" includes any denial of allegations made by another party in any pleading, motion, or other paper submitted to the court for the purpose of seeking affirmative or negative relief, and any affirmative defense or matter asserted in confession or avoidance.

TUESDAY, MARCH 7, 1989

1949

(4) "Good faith," when used with reference to any civil proceeding, claim, defense, motion, appeal, or other position, means that to the best of a person's or his or her attorney's knowledge, information, and belief, formed honestly after reasonable inquiry, that such civil proceeding, claim, defense, motion, appeal, or other position is well grounded in fact and is either warranted by existing law or by reasonable grounds to believe that an argument for the extension, modification, or reversal of existing law may be successful.
(5) "Malice" means acting with ill will or for an unlawful purpose and may be inferred in an action if the party initiated, continued, or procured civil proceedings or process in a harassing manner or used process for a purpose other than that of securing the proper adjudication of the claim upon which the proceedings are based.
(6) "Person" means an individual, corporation, company, association, firm, partnership, society, joint-stock company, or any other entity, including any governmental entity or unincorporated association of persons with capacity to sue or be sued.
(7) "Unlawful purpose" when used with reference to any civil proceeding, claim, defense, motion, appeal, or other position results in or has the effect of:
(A) Attempting to unjustifiably harass or intimidate another party or witness to the proceeding; or
(B) Attempting to unjustifiably accomplish some ulterior or collateral purpose other than resolving the subject controversy on its merits.
(8) "Without substantial justification," when used with reference to any civil proceeding, claim, defense, motion, appeal, or other position, means that such civil proceeding, claim, defense, motion, appeal, or other position is:
(A) Frivolous;
(B) Groundless in fact or in law; or
(C) Vexatious.
51-7-81. Any person who takes an active part in the initiation, continuation, or procurement of civil proceedings against another shall be liable for abusive litigation if such person acts:
(1) With malice; and
(2) Without substantial justification.
51-7-82. (a) It shall be a complete defense to any claim for abusive litigation that the person against whom a claim of abusive litigation is asserted has voluntarily withdrawn, abandoned, discontinued, or dismissed the civil proceeding, claim, defense, motion, appeal, civil process, or other position which the injured person claims constitutes abusive litigation within 30 days after the mailing of the notice required by subsection (a) of Code Section 51-7-84 or prior to a ruling by the court relative to the civil proceeding, claim, defense, motion, appeal, civil process, or other position, whichever shall first occur; provided, however, that this defense shall not apply where the alleged act of abusive litigation involves the seizure or interference with the use of the injured person's property by process of attachment, execution, garnishment, writ of possession, lis pendens, injunction, restraining order, or similar process which results in special damage to the injured person.
(b) It shall be a complete defense to any claim for abusive litigation that the person against whom a claim of abusive litigation is asserted acted in good faith; provided, however, that good faith shall be an affirmative defense and the burden of proof shall be on the person asserting the actions were taken in good faith.

1950

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(c) It shall be a complete defense to any claim for abusive litigation that the person against whom a claim of abusive litigation is asserted was substantially successful on the issue forming the basis for the claim of abusive litigation in the underlying civil proceeding.
51-7-83. (a) A plaintiff who prevails in an action under this article shall be entitled to all damages allowed by law as proven by the evidence, costs and expenses of litigation, and reasonable attorney's fees.
(b) If the abusive litigation is in a civil proceeding of a court of record and no damages other than costs and expenses of litigation and reasonable attorney's fees are claimed, the procedures provided in Code Section 9-15-14 shall be utilized instead.
(c) No motion filed under Code Section 9-15-14 shall preclude the filing of an action under this article for damages other than costs and expenses of litigation and reasonable attorney's fees. Any ruling under Code Section 9-15-14 is conclusive as to the issues resolved therein.
51-7-84. (a) As a condition precedent to any claim for abusive litigation, the person injured by such act shall give written notice by registered or certified mail or some other means evidencing receipt by the addressee to any person against whom such injured person intends to assert a claim for abusive litigation and shall thereby give the person against whom an abusive litigation claim is contemplated an opportunity to voluntarily withdraw, abandon, discontinue, or dismiss the civil proceeding, claim, defense, motion, appeal, civil process, or other position. Such notice shall identify the civil proceeding, claim, defense, motion, appeal, civil process, or other position which the injured person claims constitutes abusive litigation.
(b) An action or claim under this article requires the final termination of the proceeding in which the alleged abusive litigation occurred and must be brought within one year of the date of final termination.
51-7-85. On and after the effective date of this article, no claim other than as provided in this article or in Code Section 9-15-14 shall be allowed, whether statutory or common law, for the torts of malicious use of civil proceedings, malicious abuse of civil process, nor abusive litigation, provided that claims filed prior to such date shall not be affected. This article is the exclusive remedy for abusive litigation.'"
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 117, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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.

The following Committee substitute was read and withdrawn:

TUESDAY, MARCH 7, 1989

1951

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 revise existing definitions and to provide for additional 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; to provide for dates of payment; to provide for prohibited acts by pawnbrokers; to provide for the duties of pawnbrokers regarding replacement goods; to amend Part 5 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of pawnbrokers, factors, bailees, acceptors, and depositories, so as to provide for liens of pawnbrokers; to provide for the redemption or automatic forfeiture of pledged goods; to provide for the satisfaction of liens of pawnbrokers; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers, is amended by striking Code Section 44-12-130, relating to definitions, and inserting in its place a new Code Section 44-12-130 to read as follows:
"44-12-130. As used in this part, the term: (1) 'Month' means that period of time from one date in a calendar month to the
corresponding date in the following calendar month, but if there is no such corresponding date, then the last day of such following month.
41} (2) 'Pawnbroker' means any person engaged in whole or in part in the business of lending money on the security of pledged goods, or in the business of purchasing tangible personal property on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time, or in the business of purchasing tangible personal property from persons or sources other than manufacturers or licensed dealers as a part of or in conjunction with the business activities described in this paragraph.
(3) 'Pawn transaction' means any loan on the security of pledged goods or any purchase of pledged goods on condition that the pledged goods may be redeemed or repurchased by the seller for a fixed price within a fixed period of time and any purchase of a motor vehicle on the condition that such motor vehicle may be redeemed or repurchased by the seller for a fixed price within a fixed period of time and may be leased back to the seller during such period of time.
42} (4) 'Person' means an individual, partnership, corporation, joint venture, trust, association, or any other legal entity however organized.
43} (5) 'Pledged goods' means tangible personal property other than choses in action, securities, or printed evidences of indebtedness, which property is purchased by, deposited with, or otherwise actually delivered into the possession of a pawnbroker in the course ef his business connection with a pawn transaction."
Section 2. Said part is further amended by striking Code Section 44-12-131, relating to the legal rate of interest and the consequences of excessive charges, and inserting in its place a new Code Section 44-12-131 to read as follows:
"44-12-131. (a) Any pawnbroker may contract for and receive interest up to the rate of 2 percent per month with a minimum charge ef 60 per month e any loan. Any
directly OF indirectly iiisdet contrscted lor, of received tti excess ot ttie omounts
vekl on the principal amount advanced on the pawn transaction and a pawnshop charge for all services, expenses, costs, and losses of every nature whatsoever. The pawnshop charge allowed under this subsection shall not exceed one-fifth of the principal amount, per month, advanced in the pawn transaction. The pawnshop charge shall not be deemed interest for any purpose.
(b) Any interest, charge, or fees contracted for or received, directly or indirectly, in excess of the amounts permitted under subsection (a) of this Code section shall be

1952

JOURNAL OF THE HOUSE,

uncollectable and the pawn transaction shall be void. All interest and the charge allowed under subsection (a) of this Code section shall be deemed earned, due, and owing as of the date of the pawn transaction and a like sum shall be deemed earned, due, and owing on the same day of the succeeding month."
Section 3. Said part is further amended by striking Code Section 44-12-137, relating to prohibited acts by pawnbrokers and penalties, and inserting in its place a new Code Section 44-12-137 to read as follows:
"44-12-137. (a) Any pawnbroker and any clerk, agent, or employee of such pawnbroker who shall:
(1) Fail to make an entry of any material matter in his permanent record book; (2) Make any false entry therein; (3) Falsify, obliterate, destroy, or remove from his place of business such permanent record book; (4) Refuse to allow any duly authorized law enforcement officer to inspect his permanent record book or any goods in his possession during the ordinary hours of business or at any reasonable time; er (5) Fail to maintain a record of each pawn er purchase transaction for at least four years; ; (6) Accept a pledge or purchase property from a person under the age of 18 years or who the pawnbroker knows or should know is not the true owner of such property; (7) Make any agreement requiring the personal liability of a pledgor or seller or waiving any of the provisions of this part or providing for a maturity date less than one month after the date of the pawn transaction; or (8) Fail to return or replace pledged goods to a pledgor or seller upon payment of the full amount due the pawnbroker unless the pledged goods have been taken into custody by a court or a law enforcement officer or agency, shall be guilty of a misdemeanor. (b) Any person properly identifying himself and presenting a pawn ticket to the pawnbroker shall be presumed to be the pledgor or seller and shall be entitled to redeem the pledged goods described in such ticket. In the event such pledged goods are lost or damaged while in the possession of the pawnbroker, it shall be the responsibility of the pawnbroker to replace the lost or damaged goods with like kinds of merchandise and proof of replacement shall be a defense to prosecution. For the purposes of this subsection 'lost' includes destroyed or having disappeared because of any cause, whether known or unknown, that results in the pledged goods being unavailable for return to the pledgor."
Section 4. Part 5 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of pawnbrokers, factors, bailees, acceptors, and depositories, is amended by striking Code Section 44-14-403, relating to liens of pawnbrokers and actions for interference, and inserting in its place a new Code Section 44-14-403 to read as follows:
"44-14-403. (a) A pawnbroker shall have a lien on the pledged goods pawned for the money advanced, interest, and pawnshop charge owed but not for other debts due to him. He may retain possession of the pledged goods until his lien is satisfied and may have a right of action against anyone interfering therewith.
(b) Pledged goods not redeemed on or before the maturity date fixed and set out in the pawn ticket issued in connection with any transaction shall be held by the pawnbroker for one month following such date and may be redeemed by the pledgor or seller within such period by the payment of the originally agreed redemption price, the payment of an additional interest charge, and the payment of an additional pawnshop charge, each equal to the original interest charge and original pawnshop charge. Pledged goods not redeemed within one month following the originally fixed maturity date shall be automatically forfeited to the pawnbroker by operation of this Code section and shall automatically become the property of the pawnbroker."
Section 5. Said part is further amended by striking Code Section 44-14-408, relating
to the satisfaction of liens of pawnbrokers and livery stable keepers, and inserting in lieu
thereof a new Code Section 44-14-408 to read as follows:

TUESDAY, MARCH 7, 1989

1953

"44-14-408. Liens of pawnbrokers and livery stable keepers shall be satisfied according to Code Section Sections 44-14-403 and 44-14-550, respectively."
Section 6. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Athon of the 57th, was read and adopted:

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 revise existing definitions and to provide for additional definitions; to provide for the legal rate of interest and pawnshop charge which may be charged by a pawnbroker; to provide for exceptions; to provide that amounts in excess of the legal interest rate and pawnshop charge shall be uncollectable and shall void the pawn transaction; to provide for dates of payment; to provide for prohibited acts by pawnbrokers; to provide for inspection by certain law enforcement officers; to provide for the duties of pawnbrokers regarding replacement goods; to amend Part 5 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of pawnbrokers, factors, bailees, acceptors, and depositories, so as to provide for liens of pawnbrokers; to provide for the redemption or automatic forfeiture of pledged goods; to provide for the satisfaction of liens of pawnbrokers; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers, is amended by striking Code Section 44-12-130, relating to definitions, and inserting in its place a new Code Section 44-12-130 to read as follows:
"44-12-130. As used in this part, the term: (1) 'Month' means that period of time from one date in a calendar month to the
corresponding date in the following calendar month, but if there is no such corresponding date, then the last day of such following month.
4i} (2) 'Pawnbroker' means any person engaged in whole or in part in the business of lending money on the security of pledged goods, or in the business of purchasing tangible personal property on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time, or in the business of purchasing tangible personal property from persons or sources other than manufacturers or licensed dealers as a part of or in conjunction with the business activities described in this paragraph.
(3) 'Pawn transaction' means any loan on the security of pledged goods or any purchase of pledged goods on condition that the pledged goods may be redeemed or repurchased by the seller for a fixed price within a fixed period of time and any purchase of a motor vehicle on the condition that such motor vehicle may be redeemed or repurchased by the seller for a fixed price within a fixed period of time and may be leased back to the seller during such period of time.
(3) (4) 'Person' means an individual, partnership, corporation, joint venture, trust, association, or any other legal entity however organized.
(3) (5) 'Pledged goods' means tangible personal property other than choses in action, securities, or printed evidences of indebtedness, which property is purchased by, deposited with, or otherwise actually delivered into the possession of a pawnbroker in the course ef his business connection with a pawn transaction."
Section 2. Said part is further amended by striking Code Section 44-12-131, relating to the legal rate of interest and the consequences of excessive charges, and inserting in its place a new Code Section 44-12-131 to read as follows:
"44-12-131. (a) Any pawnbroker may contract for and receive interest up to the rate of 2 percent per month, with a minimum charge of $5.00, wtth a minimum charge

1954

JOURNAL OF THE HOUSE,

C*T o(JC per monrft on any loan. /\ny cnargc directly of indirectly made, contracted tor,

or received m excess Ot trie amounts permitted Dy tnis Oodc section snail tee

uncollcctablc and the pawn er pledge shall be void on the principal amount advanced

on the pawn transaction and a pawnshop charge for all services, expenses, costs, and

losses of every nature whatsoever. The pawnshop charge allowed under this subsection

shall not exceed one-fourth of the principal amount, per month, advanced in the pawn

transaction. The pawnshop charge shall not be deemed interest for any purpose. Motor

vehicles shall be exempt from the limit of one-fourth of the principal amount provision

of this subsection and pawnshops may charge a storage fee for motor vehicles not to

exceed $30.00 per day.

~~

(b) Any interest, charge, or fees contracted for or received, directly or indirectly, in

excess of the amounts permitted under subsection (a) of this Code section shall be

uncollectable and the pawn transaction shall be void. All interest and the pawnshop

charge allowed under subsection (a) of this Code section shall be deemed earned, due,

and owing as of the date of the pawn transaction and a like sum shall be deemed

earned, due, and owing on the same day of the succeeding month."

Section 3. Said part is further amended by striking Code Section 44-12-137, relating to prohibited acts by pawnbrokers and penalties, and inserting in its place a new Code Section 44-12-137 to read as follows:
"44-12-137. (a) Any pawnbroker and any clerk, agent, or employee of such pawnbroker who shall:
(1) Fail to make an entry of any material matter in his permanent record book; (2) Make any false entry therein; (3) Falsify, obliterate, destroy, or remove from his place of business such permanent record book; (4) Refuse to allow any duly authorized law enforcement officer who is certified by the Georgia Peace Officer Standards and Training Council or who is a federal officer to inspect his permanent record book or any goods in his possession during the ordinary hours of business or at any reasonable time; er (5) Fail to maintain a record of each pawn or purchase transaction for at least four
years; ; (6) Accept a pledge or purchase property from a person under the age of 18 years
or who the pawnbroker knows is not the true owner of such property; (7) Make any agreement requiring the personal liability of a pledgor or seller or
waiving any of the provisions of this part or providing for a maturity date less than one month after the date of the pawn transaction; or
(8) Fail to return or replace pledged goods to a pledgor or seller upon payment of the full amount due the pawnbroker unless the pledged goods have been taken into custody by a court or a law enforcement officer or agency, shall be guilty of a misdemeanor. (b) Any person properly identifying himself and presenting a pawn ticket to the pawnbroker shall be presumed to be the pledgor or seller and shall be entitled to redeem the pledged goods described in such ticket. In the event such pledged goods are lost or damaged while in the possession of the pawnbroker, it shall be the responsibility of the pawnbroker to replace the lost or damaged goods with like kinds of merchandise and proof of replacement shall be a defense to prosecution. For the purposes of this subsection 'lost' includes destroyed or having disappeared because of any cause, whether known or unknown, that results in the pledged goods being unavailable for return to the pledgor."

Section 4. Part 5 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of pawnbrokers, factors, bailees, acceptors, and depositories, is amended by striking Code Section 44-14-403, relating to liens of pawnbrokers and actions for interference, and inserting in its place a new Code Section 44-14-403 to read as follows:
"44-14-403. (a) A pawnbroker shall have a lien on the pledged goods pawned for the money advanced, interest, and pawnshop charge owed but not for other debts due

TUESDAY, MARCH 7, 1989

1955

to him. He may retain possession of the pledged goods until his lien is satisfied and may have a right of action against anyone interfering therewith.
(b) Pledged goods not redeemed on or before the maturity date fixed and set out in the pawn ticket issued in connection with any transaction shall be held by the pawnbroker for ten days following such date and may be redeemed by the pledger or seller within such period by the payment of the originally agreed redemption price, the payment of an additional interest charge, and the payment of an additional pawnshop charge, each equal to the original interest charge and original pawnshop charge, provided said goods have not been sold. Pledged goods not redeemed within one month following the originally fixed maturity date shall be automatically forfeited to the pawnbroker by operation of this Code section and shall automatically become the property of the pawnbroker."
Section 5. Said part is further amended by striking Code Section 44-14-408, relating to the satisfaction of liens of pawnbrokers and livery stable keepers, and inserting in lieu thereof a new Code Section 44-14-408 to read as follows:
"44-14-408. Liens of pawnbrokers and livery stable keepers shall be satisfied according to Code Section Sections 44-14-403 and 44-14-550, respectively."
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, by substitute.
On the passage of the Bill, by substitute, the ayes were 117, nays 10.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Dixon of the 128th wished to be recorded as voting "aye" on SB 264.

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.

The following amendment was read and adopted:

The Committee on Judiciary moves to amend SB 185 by striking lines 5 and 6 of page 2 and inserting in lieu thereof the following:
"by a check which is a 'bad check' within the provisions of any law of this state."

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 144, nays 4.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representatives Foster of the 6th, Griffin of the 6th and Langford of the 7th wished to be recorded as voting "aye" on SB 185.

1956

JOURNAL OF THE HOUSE,

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.

The following Committee substitute was read:

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 delivered within a ten-day period to a single entity; to provide for the form of notice covering multiple checks; to provide a presumption for the basis of dishonoring a check; to change the penalty provisions relating to the crime of issuance of a bad check; to provide that the drawing and giving of multiple bad checks to the same entity within a specified period shall under certain circumstances constitute a misdemeanor of a high and aggravated nature or a felony; to change certain provisions relating to the issuance of a bad check on a bank of another state; to clarify certain court costs; to preserve certain civil remedies for the party holding a worthless check, draft, or order; to provide that the party holding a worthless check, draft, or order shall be immune from civil liability for certain actions; to change certain provisions relating to service charges; to make it unlawful for any person to print or cause to be printed checks, drafts, or orders drawn upon any financial institution or to execute or negotiate any check, draft, or order knowing that the account number, routing number, or other information printed on such check, draft, or order is in error, fictitious, or assigned to another account holder or financial institution; to provide a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to bad checks, is amended by striking in its entirety Code Section 16-9-20, relating to the crime of issuance of a bad check, and inserting in lieu thereof a new Code Section 16-9-20 to read as follows:
"16-9-20. (a) A person commits the offense of criminal issuance of a bad check when he makes, draws, utters, or delivers a check, draft, or order for the payment of money on any bank or other depository in exchange for a present consideration or wages, knowing that it will not be honored by the drawee. For the purposes of this Code section, it is prima-facie evidence that the accused knew that the instrument would not be honored if:
(1) The accused had no account with the drawee at the time the instrument was made, drawn, uttered, or delivered;
(2) Payment was refused by the drawee for lack of funds upon presentation within 30 days after delivery and the accused or someone for him shall not have paid tendered the holder thereof the amount due thereon, together with a service charge, within ten days after receiving written notice that payment was refused upon such instrument. For purposes of this paragraph:
(A) Notice mailed by certified or registered mail evidenced by return receipt to the person at the address printed on the instrument or given at the time of issuance shall be deemed sufficient and equivalent to notice having been received as of the date on the return receipt by the person making, drawing, uttering, or delivering the instrument. A single notice as provided in subparagraph (B) of this paragraph shall be sufficient to cover all checks on which payment was refused and which were

TUESDAY, MARCH 7, 1989

1957

delivered within a ten-day period by the accused to a single entity the form of notice lists and identifies each check; and
(B) The form of notice shall be substantially as follows:

' ' '~~ ~

.._._._'. * issued tjy you OH



\date/, drawn

upon ^l^z^^nzz^zil^^^zizzii^z (.name of Dank), and payable to

law, you fiavc t^n days irom receipt of tnis notice to tender payment of tne lull

amount of tne cnecK of instrument plus ft service charge of <t>

, tne

tiiis amount is paid HI lull within tne specified time awove^ tne nolder of trie check er instrument may tern ever the dishonored check er instrument ad aH other available information relating te this incident te the magistrate for the isstj-

criminal prosecution.'; er 'You are hereby notified that the following checks(s) or instruments(s)

Check No.

Check Date

Check Amount

Name of Bank

drawn

upon

_________________

and

payable

to________________, (has) (have) been dishonored. Pursuant to Georgia

law, you have ten days from receipt of this notice to tender payment of the total

amount of the check(s) or instrument(s) plus the applicable service charge(s) of

$___________, the total amount due being __________________

dollars and ________ cents. Unless this amount is paid in full within the

specified time above, a presumption in law arises that you delivered the item(s)

with the intent to defraud and the dishonored check(s) or instrument(s) and all

other available information relating to this incident may be submitted to the

magistrate for the issuance of a criminal warrant or citation or to the district

attorney or solicitor for criminal prosecution.'; or

(3) Notice mailed by certified or registered mail is returned undelivered to the

sender when such notice was mailed within a reasonable time 90 days of dishonor to

the person at the address printed on the instrument or given by the accused at the

time of issuance of the instrument.

(b) (1) Except as provided in paragraph paragraphs (2) and (3) of this subsection

and subsection (c) of this Code section, a person convicted of the offense of criminal

issuance of a bad check shall be guilty of a misdemeanor and, upon conviction thereof,

shall be punished as follows:

(A) When the check is for less than $100.00, a fine of not more than $500.00 or

imprisonment not to exceed 12 months, or both; ;

jyfirfrf JQf|r>fy|p;y|f- ---- .,4- f. flY(*ftflfl Of) H O VQ

C\T Kot V> '

a fir-ip pf nryt Ipaq tVlfln *Sl f)f) f)f) r\f)-r rnf\rp tVlflTI ^?00 00 OT
imprisonment net te exceed 60 days, er both; and

(B) When the check is for $100.00 or more but less than $500.00 $300.00, a fine of not more than $1,000.00 or imprisonment not to exceed 12 months, or both; or
Y\f\t Ipqq thfln jE 1 QQ HT) >.-... ryirirp thon <COAA QQ
imprisonment net te exceed 60 days, er both;

1958

JOURNAL OF THE HOUSE,

imprisonment net te exceed three months, er both; and (iii) Third er subsequent offcnsc: a fine ef et less than $400.00 ner more than
(C) When more than one check is involved and such checks were drawn within 90 days of one another and each is in an amount less than $100.00, the amounts of such separate checks may be added together to arrive at and be punishable under subparagraph (B) of this paragraph. (2) Except as provided in paragraph (3) of this subsection and subsection (c) of this Code section, a person convicted of the offense of criminal issuance of a bad check, when the check is for an amount of not less than $300.00 nor more than $499.99, shall be guilty of a misdemeanor of a high and aggravated nature. When more than one check is involved and such checks were given to the same entity within a 15 day period and the cumulative total of such checks is not less than $300.00 nor more than $499.99, the person drawing and giving such checks shall upon conviction be guilty of a misdemeanor of a high and aggravated nature. (3) (3) (A) Except as provided in subsection (c) of this Code section, a person convicted of the offense of criminal issuance of a bad check, when the check is for $500.00 or more, shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $5,000.00 or by imprisonment for not more than three years, or both.
(B) When more than one check is involved and such checks were given to the same entity within a 15 day period and the cumulative total of such checks is $500.00 or more, the person drawing and giving such checks shall upon conviction be guilty of a felony and subject to the penalty provisions of subparagraph (A) of this paragraph.
(C) When five or more checks are involved and such checks were given to the same entity within a ten-day period and the cumulative total of such checks js $250.00 or more, the person drawing and giving such checks shall upon conviction be guilty of a felony and subject to the penalty provisions of subparagraph (A) of this paragraph.
offcnsc shall apply regardless ef the subparagraph ef paragraph (i> of this subsection under wnicri trie person flfls occn previously convicted.
(4) Upon conviction of a first or any subsequent offense under this subsection or subsection (c) of this Code section, in addition to any other punishment provided by this Code section, the defendant shall be required to make restitution of the amount of the check, together with all costs of bringing a complaint under this Code section. Costs shall be presumed to be $20.00, inclusive of warrant or citation application fee and certified or registered mail letter fee, provided that the party causing the criminal warrant or citation to issue may present competent evidence of costs in excess of $20.00 as the court considers the assessment of costs. Restitution may be made while the defendant is serving a probated or suspended sentence. (c) A person who is not domiciled in this state and who commits the offense of criminal issuance of a bad check by the making, drawing, uttering, or delivering of a check, draft, or order on a bank of another state shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years or by a fine in an amount of up to $1,000.00, or both. (d) The prosecuting authority of the court with jurisdiction over a violation of subsection (c) of this Code section may seek extradition for criminal prosecution of any person not within this state who flees the state to avoid prosecution under this Code section. (e) In any prosecution or action under this Code section, a check, draft, or order for which the information required in this subsection is available at the time of issuance shall constitute prima-facie evidence of the identity of the party issuing the check, draft, or order and that the person was a party authorized to draw upon the named account. To establish this prima-facie evidence, the following information regarding the identity

TUESDAY, MARCH 7, 1989

1959

of the party presenting the check, draft, or order shall be obtained by the party receiving such instrument: the full name, residence address, and home phone number.
(1) Such information may be provided by either of two methods: (A) The information may be recorded upon the check or instrument itself; or (B) The number of a check-cashing identification card issued by the receiving
party may be recorded on the check. The check-cashing identification card shall be issued only after the information required in this subsection has been placed on file by the receiving party. (2) In addition to the information required in this subsection, the party receiving a check shall witness the signature or endorsement of the party presenting such check and as evidence of such the receiving party shall initial the check. (f) As used in this Code section, the term: (1) 'Conviction' shall include the entering of a guilty plea, the entering of a plea of nolo contendere, or the forfeiting of bail. (2) 'Present consideration' shall include without limitation:
(A) An obligation or debt of rent which is past due or presently due; (B) An obligation or debt of state taxes which is past due or presently due; (C) An obligation or debt which is past due or presently due for child support when made to the custodian of a minor child for the support of such minor child and which is given pursuant to an order of court or written agreement signed by the person making the payment;
(D) A simultaneous agreement for the extension of additional credit where additional credit is being denied; and
(E) A written waiver of mechanic's or materialmen's lien rights.
(3) 'State taxes' shall include payments made to the Georgia Department of Labor as required by Chapter 8 of Title 34.
(g) This Code section shall in no way affect the authority of a sentencing judge to provide for a sentence to be served on weekends or during the nonworking hours of the defendant as provided in Code Section 17-10-3.
(h) (1) Any party holding a worthless check, draft, or order or instrument and giving notice in substantially similar form to that provided in subparagraph (a)(2)(B) of this Code section shall be immune from civil liability for the giving of such notice and for proceeding as required under the forms of such notice; provided, however, that, if any person shall be arrested or prosecuted for violation of this Code section and payment of any check, draft, or order for the payment of money shall have been refused because the maker or drawer had no account with the bank or other depository on which such instrument check, draft, or order was drawn, the one causing the arrest or prosecution shall be deemed to have acted with reasonable or probable cause even though he or it has not mailed the written notice or waited for the ten-day period to elapse. In any civil action for damages which may be brought by the person who made, drew, uttered, or delivered such instrument check, draft, or order, no evidence of statements or representations as to the status of the check, draft, or order; e? deposit involved or of any collateral agreement with reference to the check, draft, or order; er deposit shall be admissible unless such statements, representations, or collateral agreement shall be written simultaneously with or upon the instrument check, draft, or order at the time it is delivered by the maker thereof.
(2) Except as otherwise provided by law, any party who holds a worthless check,
draft, or order, who complies with the requirements of subsection (a) of this Code section, and who causes a criminal warrant or citation to be issued shall not forfeit
his right to continue or pursue civil remedies authorized by law for the collection of the worthless check, draft, or order. It shall be deemed conclusive evidence that any action is brought upon probable cause and without malice where such party holding
a worthless check, draft, or order has complied with the provisions of subsection (a) of this Code section regardless of whether the criminal charges are dismissed by a court due to payment in full of the face value of the check, draft, or order and appli-
cable service charges subsequent to the date that affidavit for the warrant or citation is made. In any civil action for damages which may be brought by the person who

1960

JOURNAL OF THE HOUSE,

made, drew, uttered, or delivered such check, draft, or order, no evidence of statements or representations as to the status of the check, draft, or order involved or of any collateral agreement with reference to the check, draft, or order shall be admissible unless such statements, representations, or collateral agreement shall be written simultaneously with or upon the check, draft, or order at the time it is delivered by the maker thereof. (i) Notwithstanding paragraph (2) of subsection (a) of this Code section or any other law on usury, charges, or fees on loans or credit extensions, any lender of money or extender of other credit who receives a check, draft, negotiable order of withdrawal, or like instrument drawn on a bank or other depository institution given by any person in full or partial repayment of a loan, installment payment, or other extension of credit may, if such instrument is not paid or is dishonored by such institution, charge and collect from the borrower or person to whom the credit was extended a bad check charge. This charge shall not be deemed interest or a finance or other charge made as an incident to or as a condition to the granting of the loan or other extension of credit and shall not be included in determining the limit on charges which may be made in connection with the loan or extension of credit or any other law of this state. (j) For purposes of this Code section, no service charge or bad check charge shall exceed $16.00 $20.00 or 5 percent of the face amount of the check, whichever is greater. (k) An action under this Code section may be prosecuted by the party initially receiving a worthless check, draft, or order or by any subsequent holder in due course of any such worthless check, draft, or order."
Section 2. Said article is further amended by adding at the end thereof a new Code Section 16-9-21 to read as follows:
"16-9-21. (a) It shall be unlawful for any person to print or cause to be printed checks, drafts, or orders drawn upon any financial institution as such term is defined in paragraph (21) of Code Section 7-1-4 or to execute or negotiate any check, draft, or order knowing that the account number, routing number, or other information printed on such check, draft, or order is in error, fictitious, or assigned to another account holder or financial institution.
(b) Any person who violates subsection (a) of this Code section shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one year nor more than five years, or both."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Holland of the 136th moves to amend the Committee substitute to SB 188 as follows:
Page 7 delete lines 1 through 16 and on line 22 renumber paragraph (4) to paragraph (3).

The following amendment was read and lost:

Representative Pettit of the 19th moves to amend the Committee substitute to SB 188 as follows:
Add after "in" on line 4 page 8 the following "or a resident of".

The following amendment was read and adopted:

Representatives Foster of the 6th and Langford of the 7th move to amend the Committee substitute to SB 188 as follows:

TUESDAY, MARCH 7, 1989

1961

By striking on page 8 line 4 after the word "person" the following: "who is not domiciled in this state and".
Representative Pettit of the 19th moved that the House reconsider its action in adopting the Holland amendment.
On the motion, the roll call was ordered and the vote was as follows:

N Aaron N Abernathy
Y Adams N Aiken
N Alford N Alien
Athon Y Atkins Y Bailey Y Baker
N Balkcom Y Bannister Y Barfoot N Bargeron Y Barnett.B Y Barnett.M
NBeck Y Benefield
Benn Y Birdsong N Bishop N Bostick
N Branch Y Breedlove
N Brooks N Brown YBuck N Buford
YByrd N Carrell Y Carter
Cham bless N Chance N Cheeks
Y Childers N Clark,B

N Clark.H Y Clark.L Y Colbert N Coleman
N Colwell N Connell
Y Couch Cox
N Crawford Y Crosby Y Cummings.B N Cummings,M Y Davis.C N Davis.G N Davis.M N Dixon.H Y Dixon,S N Dobbs N Dover
Dunn Y Edwards Y Ehrhart N Felton N Fennel N Floyd Y Foster NGodbee Y Goodwin
Y Green N Greene Y Gresham Y Griffin Y Groover N Hamilton N Hanner Y Harris

Y Hasty
Y Heard N Herbert N Holcomb
N Holland N Holmes N Hooks
N Howren Y Hudson N Irwin Y Isakson Y Jackson,.) Y Jackson.W N Jamieson N Jenkins N Johnson Y Jones Y Kilgore N Kingston N Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee N Linder
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 N Mobley
N Moody Moore
Y Morton N Moultrie N Mueller
Oliver.C N Oliver.M YOrr N Orrock Y Padgett Y Pannell
Par ham Y Parrish Y Patten Y Pettit Y Pinkston N Poag Y Porter
Poston N Powell N Rainey NRandal!
Ransom NRay
N Reaves N Redding N Richardson Y Ricketson Y Robinson N Royal
Y Selman N Simpson

N Sinkfield N Smith,L Y Smith,P
Smith.T
Y Smith,W N Smyre YSnow N Stancil.F Y Stancil.S N Stanley
Y Steele Y Stephens N Teper Y Thomas.C
N Thomas.M Y Thompson
N Thurmond N Titus N Tolbert Y Townsend Y Twiggs Y Vaughan
Waddle N Walker.C Y Walker.L Y Wall N Ware Y Watson
Y Watts White
Y Wilder N Williams.B
Williams,J N Yates
Y Yeargin Murphy.Spkr

On the motion, the ayes were 80, nays 83. The motion was lost.

The following amendment was read:

Representative Bishop of the 94th moves to amend the Committee substitute to SB 188 as follows:
By striking at line 29, page 6 the following: "$500.00"; and inserting in lieu thereof: "$1,000.00".

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

Y Aaron Y Abernathy N Adams

N Aiken N Alford Y Alien

N Athon Atkins
N Bailey

N Baker Y Balkcom
N Bannister

N Barfoot N Bargeron N Barnett.B

1962

JOURNAL OF THE HOUSE,

N Barnett.M YBeck N Benefield NBenn N Birdsong Y Bishop Y Bostick N Branch N Breedlove Y Brooks Y Brown NBuck N Buford NByrd N Carrell
N Carter N Chambless N Chance N Cheeks N Childers Y Clark.B Y Clark.H N Clark.L Y Colbert N Coleman N Colwell Y Connell N Couch
Cox Y Crawford N Crosby N Cummings.B Y Cummings.M

Y Davis.C Y Davis.G N Davis.M Y Dixon.H N Dixon.S
N Dobbs
Y Dover
Dunn
N Edwards
N Ehrhart
Y Felton
Y Fennel
Y Floyd N Foster N Godbee N Goodwin
Y Green Y Greene N Gresham
N Griffin
N Groover
Y Hamilton
N Manner
N Harris
N Hasty N Heard Y Herbert
Y Holcomb
Y Holland
Y Holmes N Hooks N Howren Y Hudson

Y Irwin Y Isakson N Jackson,J N Jackson.W Y Jamieson
N Jenkins
Y Johnson N Jones
N Kilgore N Kingston N Lane.D Y Lane.R
N Langford
N Lawrence N Lawson NLee Y Under
Long Lord Y Lucas Y Lupton
N Mangum
Y Martin
N McCoy McDonald
N McKelvey Y McKinney.B
Y McKinney.C N Meadows Y Milam Y Mobley N Moody Y Moore

N Morton
Y Moultrie Y Mueller
01iver,C Y Oliver.M
YOrr Y Orrock N Padgett N Pannell
Parham
N Parrish N Patten N Pettit
N Pinkston
YPoag
N Porter
N Poston
Y Powell N Rainey Y Randall
Ransom NRay Y Reaves Y Redding Y Richardson N Ricketson
N Robinson Y Royal N Selman
N Simpson
Y Sinkfield
N Smith.L
N Smith.P

On the adoption of the amendment, the ayes were 70, nays 97. The amendment was lost.

Y Smith.T N Smith.W YSmyre NSnow Y Stancil.F N Stancil,S Y Stanley N Steele Y Stephens Y Teper N Thomas.C Y Thomas.M N Thompson Y Thurmond Y Titus N Tolbert Y Townsend N Twiggs N Vaughan
Waddle Y Walker.C N Walker.L N Wall Y Ware N Watson N Watts
White N Wilder N Williams.B
Williams,J Y Yates N Yeargin
Murphy ,Spkr

Two amendments, offered by Representative Bishop of the 94th, were read and withdrawn.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by 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 Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker N 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 N Brown Y Buck Y Buford YByrd Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers N Clark.B Y Clark.H
Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell Y Couch
Cox N Crawford Y Crosby

Y Cummings.B
N 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
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 N Irwin Y Isakson Y Jackson,J Y Jackson.W
Y Jamieson
Y Jenkins
N Johnson Y Jones Y Kilgore
Y Kingston
Y Lane.D

Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder
Long Lord N Lucas Y Lupton Y Mangum N Martin Y McCoy Y McDonald Y McKelvey Y McKinney.B N McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton

TUESDAY, MARCH 7, 1989

1963

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 Y Porter
Y Poston N Powell Y Rainey N Randall
Ransom YRay 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
N Smyre YSnow Y Stancil.F
Y Stancil.S
N Stanley

Y Steele Y Stephens N Teper Y Thomas.C
N Thomas.M
Y Thompson Y Thurmond Y Titus Y Tolbert
Y Townsend
Y Twiggs Y Vaughan
Waddle

N Walker.C Y Walker.L Y Wall N 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 143, nays 29.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The following Resolutions of the House and Senate were read and adopted:

HR 419. By Representatives Twiggs of the 4th, Colwell of the 4th, Jackson of the 9th, Lawson of the 9th and Orr of the 9th:
A resolution commending Brad Wilson and inviting him to appear before the House of Representatives.

HR 420. By Representatives Green of the 106th and Murphy of the 18th:
A resolution expressing best wishes to Rubye R. Green on the occasion of her 86th birthday.

HR 421. By Representatives Powell of the 145th and Royal of the 144th:
A resolution commending the Colquitt County High School A Cappella Choir.

HR 422. By Representative Carrell of the 65th: A resolution commending Mrs. Glenda Fendley.

HR 423. By Representative Carrell of the 65th: A resolution commending Mr. Charlie Kelley, Jr.

HR 424. By Representative Mueller of the 126th: A resolution congratulating Joseph and Cheryl Jones.

HR 425. By Representatives Colwell of the 4th, McDonald of the 12th, Lee of the 72nd, Twiggs of the 4th, Dover of the llth and others:
A resolution commending Bill Elliott and the Elliott family.

HR 426. By Representatives Murphy of the 18th and Cummings of the 17th: A resolution commending Mr. John R. (Bob) Gore, Jr.

HR 427. By Representatives Colwell of the 4th, Twiggs of the 4th, Dover of the llth, Jackson of the 9th, Lawson of the 9th and others:
A resolution commending Mr. John Lloyd Foster.

1964

JOURNAL OF THE HOUSE,

HR 428. By Representatives Oliver of the 121st and Hamilton of the 124th: A resolution commending Dr. Diane Wilkes.

HR 429. By Representative Mueller of the 126th: A resolution congratulating Daniel and Gail Osborn.

HR 430. By Representative Lord of the 107th: A resolution commending the Tennille Fine Arts Club.

HR 431. By Representative Watson of the 114th: A resolution commending "The Shipwreck" restaurant.

HR 432. By Representatives Byrd of the 153rd, Smith of the 152nd and Moody of the 153rd:
A resolution expressing regret at the passing of Reverend Henry Columbus "H. C." Taylor.

SR 222. By Senator Walker of the 43rd:
A resolution proclaiming March 8, 1989, as Free Enterprise Day in the State of Georgia.

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

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

HB 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.

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

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 President has appointed on the part of the Senate the following: Senators Barnes of the 33rd, Dean of the 31st and Kidd of the 25th.

TUESDAY, MARCH 7, 1989

1965

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

HR 418. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Goodwin of the 63rd, Patten of the 149th and others:
A resolution commending Frances S. Duncan.

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

SB 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.

The following Committee substitute was read and adopted:

A BILL
To amend Title 3 of the Official Code of Georgia Annotated, relating to 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 that in certain counties and municipalities the governing authority may call for an election with respect to authorization of the manufacture, sale, and distribution of distilled spirits; to provide similar authority with respect to the sales of distilled spirits by the drink; 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. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by amending Code Section 3-3-7, relating to local authorization and regulation of sales of alcoholic beverages, by striking in their entirety subsections (d), (e), and (j) and by redesignating subsections (f), (g), (h), (i), (k), (1), (m), and (n) as subsections (d), (e), (f), (g), (h), (i), (j), and (k), respectively.
Section 2. Said title is further amended by striking in its entirety subsection (o) of Code Section 3-3-7, relating to local authorization and regulation of sales of alcoholic beverages, and by inserting immediately following newly redesignated subsection (k) a new subsection (1) to read as follows:
"(1) In all counties having a population of 160,000 or more according to the United States decennial census of 1980 or any future such census in which the sale of alcoholic beverages is lawful and in all municipalities within such counties in which the sale of alcoholic beverages is lawful, the governing authority of the county or municipality, as appropriate, may authorize the sale of alcoholic beverages for consumption on the premises:
(1) At any time from 11:55 P.M. on Saturdays until 2:55 A.M. on Sundays; (2) In eating establishments which are located in the unincorporated area of the county, in the case of the county, or which are located in the corporate limits of the municipality, in the case of a municipality, on Sundays between the hours of 12:30 P.M. and 12:00 Midnight. As used in this paragraph, the term 'eating establishment' means an establishment which is licensed to sell distilled spirits, malt beverages,

1966

JOURNAL OF THE HOUSE,

or wines and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food; and
(3) In inns which are located in the unincorporated area of the county, in the case of the county, or which are located in the corporate limits of the municipality, in the case of a municipality, on Sundays between the hours of 12:30 P.M. and 12:00 Midnight. As used in this paragraph, the term 'inn' means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least 50 percent of its total annual gross income from the rental of rooms for overnight lodging. The provisions of this subsection are in addition to or cumulative of and not in lieu of any other provisions of this title granting certain authority to a county or municipality relative to the sale of alcoholic beverages for consumption on the premises."
Section 3. Said title is further amended by adding at the end of Code Section 3-4-41, relating to elections on authorizing the manufacture, sale, and distribution of distilled spirits, a new subsection (e) to read as follows:
"(e) In any county having a population of 160,000 or more according to the United States decennial census of 1980 or any future such census and in any municipality wholly or partially within such a county, the governing authority of the county or municipality may call for an election as provided for in this Code section by action of the governing authority in lieu of the petition method. In such a case, the resolution or ordinance of the governing authority calling for an election shall be filed with the appropriate election superintendent in lieu of a petition; and upon such filing further proceedings shall be as otherwise provided for in this article for proceedings after the filing of a valid petition."
Section 4. Said title is further amended by striking in its entirety subsection (a) of Code Section 3-4-91, relating to procedures for authorization of sales of distilled spirits by the drink, and inserting in its place a new subsection to read as follows:
"(a) In every county and municipality in which package sales of distilled spirits are lawful, sales of distilled spirits as provided in this article may be authorized after referendum approval as provided in this Code section. Sales of distilled spirits as provided in this article may likewise be authorized after referendum approval in any county having a population of 160,000 or more according to the United States decennial census of 1980 or any future such census and in any municipality wholly or partially within such a county."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

The 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
N Adams Y Aiken N Alford N Alien
Athon Y Atkins
N Bailey N Baker
N Balkcom Y Bannister Y Barfoot Y Bargeron

Y Barnett.B Y Barnett.M
Y Beck N Benefield Y Benn N Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown
Y Buck N Buford

N Byrd N Carrell
Carter Y Chambless N Chance N Cheeks N Childers Y Clark.B
N Clark.H N Clark.L Y Colbert Y Coleman
Colwell Y Connell

N Couch Cox
N Crawford
Y Crosby N Cummings.B Y Cummings.M N Davis.C Y Davis.G N Davis.M Y Dixon.H
Dixon.S N Dobbs N Dover N Dunn

Y Edwards Y Ehrhart N Felton Y Fennel N Floyd Y Foster Y Godbee N Goodwin Y Green Y Greene Y Gresham N Griffin Y Groover N Hamilton

TUESDAY, MARCH 7, 1989

1967

Hanner Y Harris N Hasty N Heard
Herbert N Holcomb N Holland Y Holmes Y Hooks
N Howren Y Hudson N Irwin Y Isakson Y Jackson,J Y Jackson.W
Y Jamieson N Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
N Lane.D

Y Lane.R Langford
N Lawrence Y Lawson NLee
Linder Long N Lord Y Lucas Y Lupton N Mangum Y Martin N McCoy N McDonald N McKelvey
Y McKinney.B Y McKinney.C Y Meadows N Milam N Mobley N Moody
N Moore

N Morton N Moultrie
Mueller
Oliver.C N Oliver.M YOrr N Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Pettit
Pinkston
N Poag Y Porter N Poston Y Powell Y Rainey Y Randall
Ransom
YRay

Reaves Y Redding N Richardson
N Ricketson Y Robinson N Royal
Y Selman Y Simpson Y Sinkfield
N Smith.L N Smith.P N Smith.T Y Smith, W
Y Smyre YSnow Y Stancil,F N Stancil.S N Stanley Y Steele Y Stephens Y Teper
Thomas.C

Y Thomas.M Thompson
Y Thurmond Y Titus
N Tolbert Y Townsend
Twiggs N Vaughan
Waddle Y Walker.C N Walker.L
N Wall Ware
Y Watson
N Watts Y White Y Wilder N Williams.B Y WilliamsJ N Yates N Yeargin
Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 87, nays 71.
The Bill, by substitute, having failed to receive the requisite constitutional majority, was lost.

Representative Dixon of the 151st 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 277.

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.

The report of the Committee, which was favorable to the passage of 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 Y Brown YBuck Y Buford YByrd Y Carrell Y Carter
Chambless Y Chance Y Cheeks
Y Childers Y Clark.B Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell
Connell 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 Y Green Y Greene
Gresham
Y Griffin Groover

Hamilton Y Hanner
Y Harris Y Hasty Y Heard
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 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

1968

JOURNAL OF THE HOUSE,

Y Moultrie
Mueller 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
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
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
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 Y Wilder Y Williams.B
Williams,J Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 154, nays 1. The Bill, having received the requisite constitutional majority, was passed.

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 1010 Do Pass SB 365 Do Pass, by Substitute SB 387 Do Pass
Respectfully submitted, /s/ 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 1010. By Representatives Johnson of the 123rd, Mueller of the 126th, Alien of the 127th, Hamilton of the 124th and Pannell of the 122nd:
A bill to amend an Act creating a new charter for the Town of Thunderbolt, so as to change the corporate limits of the town.

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

SB 387. By Senators Phillips of the 9th and Peevy of the 48th:
A bill to amend an Act creating the board of commissioners of Gwinnett County, as amended, so as to require the board to prepare annually and make available for public dissemination an itemized account of all reimbursed expenses; to authorize the expenditure of county funds for certain purposes; to provide for conditions.

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

TUESDAY, MARCH 7, 1989

1969

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

SB 365. By Senator Pollard of the 24th:
A bill to amend an Act placing the Sheriff of Warren County upon an annual salary in lieu of the fee system of compensation, as amended, so as to change certain provisions regarding the appointment of deputy sheriffs; to provide for the compensation of such deputies; to provide that the county shall furnish the uniforms and leatherware for such deputies.

The following Committee substitute was read and adopted:

A BILL
To amend an Act placing the sheriff of Warren County on an annual salary in lieu of the fee system of compensation, approved March 11, 1963 (Ga. L. 1963, p. 2160), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3233), so as to change certain provisions relating to the appointment of deputy sheriffs; to provide for the compensation of such deputy sheriffs; to authorize the board of commissioners to provide uniforms and leatherware for the deputy sheriffs; to provide additional compensation for the sheriff and deputy sheriffs while on official business outside the territorial limits of Warren County; 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 placing the sheriff of Warren County on an annual salary in lieu of the fee system of compensation, approved March 11, 1963 (Ga. L. 1963, p. 2160), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3233), is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. (a) The sheriff of Warren County, Georgia, is authorized to appoint one or more deputy sheriffs to assist him in the performance of his duties. Each deputy shall receive an annual salary of not less than $12,000.00, payable in equal monthly installments from the funds of Warren County; provided, however, that the Board of Commissioners of Warren County shall be authorized to approve the total compensation to be paid collectively to all of the deputy sheriffs so appointed.
(b) The Board of Commissioners of Warren County shall provide the uniforms and leatherware for all deputy sheriffs from the funds of Warren County.
(c) The sheriff and his deputies in addition to any other compensation provided in this Act shall receive actual expenses when out of the territorial limits of Warren County attending official business or on business of the county as may be authorized by the Board of Commissioners of Warren County. The payment of such expenses shall be from the funds of Warren County. It shall be proper and lawful for the Board of Commissioners of Warren County to pay out of the county funds the sums and amounts provided for and authorized in this Act."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

1970

JOURNAL OF THE HOUSE,

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

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

SR 60.

By Senators Land of the 16th, Stumbaugh of the 55th, Baldwin of the 29th and others

A RESOLUTION
Creating the Joint Study Committee on Automobile Insurance Costs Containment; and for other purposes.
WHEREAS, the average personal automobile insurance premium in Georgia continues to rise; and
WHEREAS, Georgia's average rate increased 9.6 percent in 1987, while the national average rose 10 percent; and
WHEREAS, between 1982 and 1987, the Georgia rates increased substantially; and
WHEREAS, a study needs to be undertaken to determine the most effective way to contain the costs of personal automobile insurance in Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on Automobile Insurance Costs Containment which shall be composed of six members of the Senate to be appointed by the President thereof, who shall also designate one of those committee members as cochairperson, and six members of the House of Representatives to be appointed by the Speaker thereof, who shall also designate one of those committee members as cochairperson.
BE IT FURTHER RESOLVED that the joint committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than ten days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1989. The committee shall stand abolished on December 1, 1989.

The following Committee substitute was read:

A RESOLUTION
Creating the Joint Study Committee on Motor Vehicle Insurance; and for other purposes.
WHEREAS, the average personal automobile insurance premium in Georgia continues to rise; and
WHEREAS, between 1982 and 1987, the Georgia motor vehicle insurance rates increased substantially; and

TUESDAY, MARCH 7, 1989

1971

WHEREAS, there has been a substantial number of legislative proposals introduced in the House of Representatives and the Senate which would impact the present statutory requirements relative to motor vehicle insurance in this state and such proposals address the following issues: changes in the method of rate making, freezes in motor vehicle insurance rates, increases in the statutory minimum coverages, repeal of mandatory liability coverage, prohibition of the stacking of benefits in motor vehicle insurance policies, revision of the tort threshold with regard to personal injury protection, and revision of the manner in which an undesirable risk is rated in a family type policy of motor vehicle insurance; and
WHEREAS, a comprehensive study needs to be undertaken to evaluate our present system of motor vehicle insurance and to determine the most effective way to contain the costs of personal automobile insurance in Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on Motor Vehicle Insurance which shall be composed of five members of the Senate to be appointed by the President thereof, who shall also designate one of those committee members as cochairperson, and five members of the House of Representatives to be appointed by the Speaker thereof, who shall also designate one of those committee members as cochairperson.
BE IT FURTHER RESOLVED that the joint committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than ten days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1989. The committee shall stand abolished on December 1, 1989.

The following amendment was read and adopted:

Representative Ware of the 77th moves to amend the committee substitute to SR 60 by striking on line 21 of page 2 the following:
"ten",
and inserting in its place the following: "five".

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

Y Aaron
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 Benefield
Y Benn Y Birdsong

Y Bishop
Y Bostick Y Branch Y Breedlove Y Brooks

1972

JOURNAL OF THE HOUSE,

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
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 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
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 YRandall
Ransom
YRay Y Reaves
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

YSmyre 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
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, as amended, the ayes were 161, nays
0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute, as amended.

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

HB 961. By Representatives Chambless of the 133rd, White of the 132nd, Cummings of the 134th and Balkcom of the 140th:
A bill to amend an Act creating a new charter for the City of Albany, so as to change the provisions relating to the time of election, the taking of office, and terms of office of the mayor and commissioners.

The following Senate substitute was read:

A BILL
To amend an Act creating a new charter for the City of Albany, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended, so as to change the provisions relating to the time of election, the taking of office, and terms of office of the mayor and commissioners; to provide for the authority for this Act; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a new charter for the City of Albany, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended, is amended by adding a new section immediately following Section 3, to be designated Section 3A, to read as follows:
"Section 3A. (a) Applicability; regular elections. The provisions of this section shall govern and supersede any provision of Section 3 of this Act to the contrary.

TUESDAY, MARCH 7, 1989

1973

(b) The mayor and the three commissioners from the first, fourth, and sixth wards in office on January 1, 1989, shall remain in office until the normal expiration of their terms of office on the second Monday in January, 1990, and until their successors are elected and qualified. On the Tuesday next following the first Monday in November of 1989, and biennially thereafter, the successors to such mayor and commissioners from the first, fourth, and sixth wards shall be elected and shall serve for terms of office of two years and until their successors are elected and qualified and shall take office on the second Monday of January following their election.
(c) The three commissioners from the second, third, and fifth wards in office on January 1, 1990, shall remain in office until the normal expiration of their terms of office on the second Monday of January 1991, and until their successors are elected and qualified. On the Tuesday next following the first Monday in November of 1990, and biennially thereafter, the successors to such three commissioners from the second, third, and fifth wards shall be elected and shall serve for terms of office of two years and until their successors are elected and qualified and shall take office on the second Monday of January following their election."
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. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Albany shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Albany for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the August, 1989, City of Albany municipal primary, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Dougherty County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which retains two-year staggered terms of office for the mayor and commissioners of the City of Albany?"
( ) NO All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Albany. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Chambless of the 133rd moved that the House agree to the Senate substitute to HB 961.
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 Bill of the Senate was taken up for consideration and read the third time:
SB 1. By Senator Foster of the 50th:
A bill to amend Title 12 of the Official Code o 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.

1974

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

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 land-disturbing 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 for governing landdisturbing activities; to provide for review and certification of such plans and ordinances by the Environmental Protection Division of the Department of Natural Resources; to provide for rules and regulations of the Board of Natural Resources in areas where certified plans and ordinances are not adopted; to provide for specific and general standards governing the permitting of land-disturbing activities; to provide for application for and issuance of permits and conditions thereon; to provide for civil enforcement through administrative and judicial proceedings; to provide for civil penalties; to provide for grants; to provide for mapping of protected areas; to provide for assistance by area planning and development commissions; to provide for exceptions; to provide for appropriations for grants to local governments as a condition of effectiveness and enforcement; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by adding at the end thereof a new Chapter 15 to read as follows:
"CHAPTER 15
12-15-1. This chapter shall be known and may be cited as the 'Mountain Protection Act.'
12-15-2. As used in this chapter, the term: (1) 'Applicant' means any person who requests the permit required by this
chapter. (2) 'Board' means the Board of Natural Resources. (3) 'Commercial structure' means any structure other than single-family and
multifamily residences. (4) 'Commission' means any area planning and development commission created
pursuant to the authority contained in Article 2 of Chapter 8 of Title 50 for any county or group of counties within which a protected mountain lies.
(5) 'Department' means the Department of Natural Resources. (6) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources. (7) 'Division' means the Environmental Protection Division of the Department of Natural Resources. (8) 'Governing authority' means the governing authority of a political subdivision or a committee of such governing authority. (9) 'Issuing authority' means the governing authority of any county or municipality which has received certification pursuant to Code Section 12-15-8; provided, however, in cases where a county or municipality has not received such certification, 'issuing authority' shall mean the director. (10) 'Land-disturbing activity' means any grading, scraping, excavating, or filling of land; clearing of vegetation; and any construction, rebuilding, or alteration of a structure. (11) 'Multifamily residence' means a structure that contains multiple dwelling units. (12) 'Percentage slope' means the difference in elevation between two points on the earth divided by the horizontal distance between those two points. (13) 'Permit' means a written authorization to engage in land-disturbing activity on a protected mountain. The permit shall include the application and all supporting

TUESDAY, MARCH 7, 1989

1975

documents, the approval of the issuing authority, and any conditions attached to the approval.
(14) 'Person' means any individual, partnership, corporation, trust, entity, or authority and shall include the State of Georgia, its political subdivisions, and all of its departments, boards, bureaus, commissions, or other agencies.
(15) 'Plan' means any comprehensive land use plan prepared pursuant to Code Section 12-15-5.
(16) 'Political subdivision' means a county or municipality in which a protected mountain lies.
(17) 'Protected mountain' means any land area having a slope of 33 percent grade or greater continuing for 500 feet horizontally above or crossing points 2,500 feet above mean sea level and shall include the crests, summits, and ridge tops which lie at elevations higher than any such area.
(18) 'Single-family residence' means a structure that is designed for the use of one family. 12-15-3. (a) The General Assembly finds that unregulated land-disturbing activity on the higher elevations of Georgia's mountains threatens the public health, safety, welfare, and economic progress of this state by:
(1) Endangering the quality of surface water in the north Georgia region. The mountains constitute a vital watershed for replenishing the rivers and lakes which supply water to nearly one-half of all Georgians. Improper grading, clearing, private road construction, and other land-disturbing activity at such higher elevations may cause soil erosion, the movement of sediments into rivers and lakes, land slumping, and other problems destructive to land and water resources. Such damage to the watershed adversely affects the economy and environment of the north Georgia region;
(2) Infringing on the ground-water rights of residents living at lower elevations due to difficulty in providing proper sewage disposal at such higher elevations;
(3) Imperiling the lives and properties of residents throughout the north Georgia region due to difficulty in providing fire protection at such higher elevations;
(4) Damaging habitat for some species of wildlife; and
(5) Detracting from the mountains' scenic and natural beauty which is vital to the travel and tourism industry of the north Georgia region.
(b) The General Assembly further finds that land-disturbing activity on the higher elevations of Georgia's mountains has a cumulative impact on the natural resources and environment of the north Georgia region. The General Assembly further finds that this impact must be assessed and considered in a comprehensive land use plan in order to provide adequate protection to the water supply, soil, forests, wildlife habitat, and scenic and natural beauty of the north Georgia region. The General Assembly concludes that the protected mountains as set forth in this chapter constitute vital areas within the meaning of Article III, Section VI, Paragraph II of the Constitution of the State of Georgia of 1983 and must be protected and preserved in order to prevent their use in a manner detrimental to the public interest.
(c) The General Assembly intends to regulate in a manner consistent with the public interest land-disturbing activity on protected mountains. The General Assembly intends to establish minimum standards that a person must meet before engaging in landdisturbing activity on protected mountains and intends to require political subdivisions in which protected mountains lie to administer and enforce this chapter. The General Assembly intends to authorize the state to administer and enforce this chapter if the appropriate political subdivisions fail or refuse to do so if the public interest requires it.
12-15-4. Subject to the requirements of Code Section 12-15-16, on or after July 1, 1990, no person shall engage in any land-disturbing activity on a protected mountain without first obtaining a permit issued in accordance with the requirements of this chapter.
12-15-5. (a) Subject to the requirements of Code Section 12-15-16, on or before July
1, 1990, the governing authority of each county and municipality in which a protected
mountain lies shall prepare and adopt a land use plan and ordinances for governing

1976

JOURNAL OF THE HOUSE,

land-disturbing activity on protected mountains and for issuing the permits required by this chapter. Before such plans and ordinances shall be considered to be in effect, the governing authorities shall submit such plans and ordinances to the director for certification as provided in Code Section 12-15-8. Such plans and ordinances shall consider the cumulative effects and regional impact of land-disturbing activity on protected mountains and shall be designed to protect the public interest and to preserve the natural resources and environment of protected mountains.
(b) Land-disturbing activity in counties and municipalities without certified ordinances as provided in Code Section 12-15-8 shall be governed in accordance with Code Section 12-15-7.
12-15-6. The commission shall assist the governing authority in preparing a land use plan and appropriate ordinances to govern land-disturbing activity on protected mountains.
12-15-7. (a) The board by rules and regulations shall adopt the procedures governing land-disturbing activity in those counties and municipalities in which a protected mountain lies but which do not have in effect a plan and ordinances certified under Code Section 12-15-8. Such rules and regulations shall be developed by the division and shall be consistent with the requirements of this chapter.
(b) The division is authorized to assess applicants for the costs of implementing and enforcing the requirements of this chapter in those counties and municipalities which do not have in effect a plan and ordinances certified under Code Section 12-15-8.
12-15-8. (a) The governing authorities shall submit all such plans and ordinances as required by Code Section 12-15-5 to the director for certification. If the director determines that a county or municipality has enacted plans and ordinances which meet or exceed the requirements of this chapter and which are enforceable by such county or municipality, the director shall certify such county or municipality as an issuing authority of the permit required by this chapter. The director shall refuse to certify such plans and ordinances only if they fail to provide for the following minimum standards:
(1) The proposed land-disturbing activity must meet all applicable requirements of Chapter 7 of this title, the 'Erosion and Sedimentation Act of 1975' and of any applicable local ordinances on soil erosion and sedimentation control;
(2) Where one or more septic tanks are to be used for individual sewage disposal, the proposed land-disturbing activity must meet all applicable requirements imposed by the governing authority;
(3) Where one or more wells are to be used for individual water supply, the proposed land-disturbing activity must meet all applicable requirements of Part 3 of Article 3 of Chapter 5 of this title, the 'Water Well Standards Act of 1985,' the requirements of the rules and regulations of the Department of Human Resources regarding individual or nonpublic wells, and any more stringent requirements imposed by the governing authority;
(4) If sewage treatment is to be provided by any means other than one or more individual septic tanks, the sewage treatment must meet all applicable requirements of Article 2 of Chapter 5 of this title, the 'Georgia Water Quality Control Act';
(5) If a public water supply system is to be provided, the water supply system must meet all applicable requirements of Part 5 of Article 3 of Chapter 5 of this title, the 'Georgia Safe Drinking Water Act of 1977';
(6) No single-family residences may be constructed at a density of more than one per acre, but no such acre shall be less than 100 feet wide at the building site, except that this density restriction shall not apply to:
(A) Any lot of less than one acre if such lot was as of July 1, 1990, owned and described as a discrete parcel of real property according to the instrument of title of the person or persons owning the lot on July 1, 1990; or such lot was as of July 1, 1990, shown as a discrete parcel of real property on a plat of survey properly recorded in the real property records of the clerk of superior court by the person or persons owning the lot on July 1, 1990; or
(B) Any land or part of any land which was contained in or subject to any
master plan, planned unit development, special approved development plan, or any

TUESDAY, MARCH 7, 1989

1977

other development plan if such plan was filed with and approved by the local governing authority prior to July 1, 1990, pursuant to a duly enacted planning and zoning ordinance; provided, further, that any such planning and zoning ordinance must have provided for rules and procedures and governed lot sizes, density, types of buildings, and other limitations usually associated with the implementation of local zoning ordinances; (7) No multifamily residences may be constructed at a density of more than two dwelling units per acre, except where there is a public or private water supply and sewerage system available to the property then the density may be increased to no more than three dwelling units per acre, but no such acre shall be less than 100 feet wide at the building site; (8) Applications for a permit to construct a commercial structure shall, in addition to meeting all other requirements of this chapter, contain a detailed landscaping plan. Such landscaping plan shall identify all trees which are to be removed that exceed six inches in diameter as measured at a point on such tree six feet above the surface of the ground and shall contain a plan for replacement of any such trees that are removed. Such application shall also include a topographical survey of the project site and an assessment of the impact that the project will have on the environment of the protected mountain after it has been completed and is in operation. Nothing in this paragraph shall be construed to require commercial structures to comply with the density provisions of paragraphs (6) and (7) of this subsection; (9) No structure may extend more than 40 feet above the uppermost point of the crest, summit, or ridge top of the protected mountain on which such structure is constructed; provided, however, that this height restriction shall not apply to water towers or any equipment for the transmission of electricity or to minor vertical projections of a parent building, including chimneys, flagpoles, flues, spires, steeples, belfries, cupolas, antennas, poles, wires, or windmills;
(10) No person engaging in land-disturbing activity shall remove from the crest, summit, or ridge top of the protected mountain more than 50 percent of the existing trees which exceed six inches in diameter as measured at a point on such tree six feet above the surface of the ground unless such person has filed with the application a plan of reforestation, but said plan shall not require the replacement of dead, diseased, or pine trees; and
(11) The county or municipality or its delegated planning and zoning commission has authority to:
(A) Issue cease and desist orders for any land-disturbing activity which is not being conducted in compliance with the requirements of this chapter or the permit and any conditions attached to it;
(B) Require any person responsible for a land-disturbing activity to correct or restore to its original state the disturbed land if such land-disturbing activity violates the requirements of this chapter or local ordinances; and
(C) Seek from the superior court of the county in which the land-disturbing activity occurs an injunction against conducting such land-disturbing activity in violation of the requirements of this chapter or local ordinances or seek civil penalties consistent with those authorized in Code Section 12-15-11.
(b) The division may periodically review the actions of counties and municipalities which have been certified as issuing authorities pursuant to subsection (a) of this Code section. Such review may include, but shall not be limited to, an assessment of the administration and enforcement of a governing authority's ordinances. If such review indicates that the governing authority of any county or municipality certified pursuant to subsection (a) of this Code section has not administered or enforced its ordinances, the division shall notify in writing the governing authority of the county or municipality. The governing authority of any county or municipality so notified shall have 60 days within which to take the necessary corrective action to retain certification as an issuing authority. If the county or municipality fails to take the necessary corrective action within 60 days after notification by the division, the division may revoke the certification of the county or municipality as an issuing authority; provided, however, that if

1978

JOURNAL OF THE HOUSE,

the county or municipality has not taken all such necessary corrective action within 60
days after notification but has in the judgment of the director demonstrated reasonable progress, the director shall grant an extension of not less than 60 days and not more than 120 days within which time the governing authority may take the necessary corrective action.
12-15-9. (a) Applications for the permit required by this chapter shall be made to and the permit shall be issued by the governing authority of the county or municipality in which the land-disturbing activity is to occur; provided, however, if the county or municipality in which the land-disturbing activity is to occur is not certified pursuant to subsection (a) of Code Section 12-15-8, the application for such permit shall be made to and the permit shall be issued by the division.
(b) Each application shall be accompanied by such detailed information on the proposed land-disturbing activity as the issuing authority shall reasonably request and by documentation that demonstrates the proposed land-disturbing activity will be carried out in a manner consistent with the requirements of this chapter. No permit shall be issued to any applicant unless the issuing authority determines that the proposed landdisturbing activity satisfies the requirements of this chapter, the plan, and any ordinances adopted pursuant thereto.
(c) The issuing authority shall issue or deny an application for a permit within 20 days of receipt of a completed application. The issuing authority shall state its reasons for denying any application for a permit and shall specify where the application is deficient.
(d) The applicant shall conduct all land-disturbing activity strictly in accordance with the approved permit and any conditions attached to it. Any substantial change or modification of a land-disturbing activity for which a permit has been issued shall require a new permit which must be issued in accordance with the requirements of this chapter.
(e) The issuing authority may suspend, revoke, or modify the permit upon a finding that the holder has intentionally violated the terms and conditions therein or is intentionally failing to comply with the requirements of this chapter or of any rule, regulation, plan, or ordinance adopted pursuant to this chapter.
12-15-10. (a) In those counties and municipalities which are not certified pursuant to subsection (a) of Code Section 12-15-8, the director may:
(1) Issue an order directed to any violator or violators of any provision of this chapter, any rule or regulation adopted pursuant thereto, or any order of the director. The order shall specify the provision of this chapter or the rule or regulation or order alleged to have been violated and may require that within a reasonable time action be taken to correct the violation. Any order issued by the director under this Code section shall be signed by the director. Any such order shall become final unless the person or persons named therein request, in writing, a hearing pursuant to Code Section 12-15-13; and
(2) Make application to the superior court for an order enjoining any person from engaging in any land-disturbing activity which constitutes a violation of this chapter, the rules and regulations adopted pursuant thereto, the plan, or the order or any permit conditions. The director may also make application for an order requiring compliance with this chapter, the rules and regulations adopted pursuant thereto, the plan, or the order or any permit conditions. The director shall apply to the superior court of the county where such person resides or, if such person is not a resident of this state, to the superior court of the county in which the violation has been or is about to be engaged in. Upon a showing by the director that such person has engaged in or is about to engage in any such violation, a permanent or temporary injunction, restraining order, or other order shall be granted without the necessity of showing the lack of an adequate remedy at law.
(b) Notwithstanding any other provision of this chapter to the contrary, upon receipt of evidence that a land-disturbing activity occurring in a county or municipality which is not certified pursuant to subsection (a) of Code Section 12-15-8 is presenting an imminent and substantial danger to the environment or to the public health or safety,

TUESDAY, MARCH 7, 1989

1979

the director may bring an action as provided in paragraph (2) of subsection (a) of this Code section to restrain immediately any person causing or contributing to the danger caused by such land-disturbing activity or to take such other action as may be necessary.
(c) If it is not practicable to assure prompt protection of the environment or public health or safety solely by commencing such civil action as outlined in subsection (b) of this Code section, the director may issue such emergency orders as may be necessary to protect the environment or the public health or safety of those persons who are or may be affected by such land-disturbing activity. Notwithstanding any other provision of this chapter, such order shall be immediately effective for a period of not more than 72 hours, unless the director brings an action under subsection (b) of this Code section before the expiration of such 72 hour period. Whenever the director brings such an action within such 72 hour period, such order shall be effective for such period of time as may be authorized by the court pending litigation or thereafter.
12-15-11. Any person who intentionally violates any provision of this chapter, any rule or regulation adopted pursuant thereto, or any permit condition or limitation established pursuant to this chapter or who intentionally fails or refuses to comply with any final or emergency order of the director issued as provided in this chapter may be liable for a civil penalty not to exceed $50.00 per acre. Each day during which the violation or failure or refusal to comply continues shall be a separate violation.
12-15-12. (a) In those counties and municipalities which are not certified pursuant to subsection (a) of Code Section 12-15-8, whenever the director has reason to believe that any person has violated any provision of this chapter, any rule or regulation adopted pursuant thereto, or any permit condition or has failed or refused to comply with any final order or emergency order of the director, he may, upon written request, cause a hearing to be conducted before a hearing officer appointed by the board. Upon finding that such person has violated any provision of this chapter, any rule or regulation adopted pursuant thereto, or any permit condition or has failed or refused to comply with any final order or emergency order of the director, the hearing officer shall issue his decision imposing civil penalties as provided in this chapter. Such hearing and any administrative or judicial review thereof shall be conducted in accordance with Code Section 12-15-13.
(b) In rendering a decision under this Code section imposing civil penalties, the hearing officer shall consider all factors which are relevant, including, but not limited to, the following:
(1) The amount of civil penalty necessary to ensure immediate and continued compliance and the extent to which the violator may have profited by failing to comply or delaying compliance;
(2) The character and degree of impact of the violation or failure on the natural resources and environment of the mountains;
(3) The conduct of the person incurring the civil penalty in promptly taking all feasible steps and procedures necessary or appropriate to comply or to correct the
violation or failure;
(4) Any prior violations or failures to comply by such person with statutes, rules, regulations, orders, or permits administered, adopted, or issued by the director;
(5) The character and degree of injury to or interference with public health or safety which is caused or threatened to be caused by such violation or failure; and
(6) The character and degree of injury to or interference with reasonable use of property which is caused by or threatened to be caused by such violation or failure.
12-15-13. All hearings on and review of contested matters, orders, or permits issued by or filed against the director and all hearings on and review of any other enforcement actions or orders initiated by the director under this chapter shall be provided and conducted in accordance with subsection (c) of Code Section 12-2-2. The hearing and review procedure provided in this Code section is to the exclusion of all other means of hearings or review.
12-15-14. (a) The division shall award grants to the affected commissions and governing authorities to develop plans and ordinances to satisfy the requirements of this chapter.

1980

JOURNAL OF THE HOUSE,

(b) The board shall through the adoption of rules and regulations identify the protected mountains in each county in the state according to the criteria specified in this chapter. Such rules and regulations may identify the protected mountains by showing them on a map or drawing or describing them in a document, or any combination thereof. Such maps, drawings, and documents shall be the sole official designation of what constitutes a protected mountain. By April 1, 1990, the maps, drawings, or other documents identifying the protected mountains shall be on file in the director's office and shall be open for inspection.
12-15-15. This chapter shall not apply to: (1) Such minor land-disturbing activities as ordinary maintenance and landscaping
operations, individual home gardens, yard and grounds upkeep, repairs and additions or minor modifications to a single-family residence, and construction of or minor modifications to sheds, garages, or other appurtenant structures to a single-family residence;
(2) Land-disturbing activity in connection with the construction of a single-family dwelling when the dwelling is constructed on a lot of four or more acres;
(3) Lands used in the cultivation and harvesting of products of the field and orchard;
(4) The harvesting of timber; (5) The cutting of firewood; and (6) Any land-disturbing activity conducted by any electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission in the provision of utility services to customers, provided that any such land-disturbing activity shall conform as far as may be feasible and practicable to the requirements of this chapter. 12-15-16. This chapter shall not be effective or enforced unless the necessary funds are appropriated by the General Assembly to make grants to political subdivisions for the specific purpose of implementing and carrying out the provisions of this chapter. The enforcement of the provisions of this chapter shall be suspended during any fiscal year that funds are not appropriated to make grants to political subdivisions for the purpose of carrying out the provisions of this chapter."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by 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
Bargeron Y Barnett.B
Y Barnett.M YBeck
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 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 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
Long Lord
Y Lucas Y Lupton
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
Oliver.C Y Oliver.M YOrr

TUESDAY, MARCH 7, 1989

1981

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
Ransom Y Ray 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 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 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 162, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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

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 Senate 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 shal^ at the end of the court day, upon the failure to appear order an execution hearing for a date not sooner than 60 75 days but not later than 90 100 days after the such failure to appear. Notice of the execution hearing shall be given by
the surety at the addresses given address listed on the bond or by personal service to the surety within 72 hours ten days of the such failure to appear at its home office or to its designated registered agent. Notice shall be served at the form ef a acirc facias,

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:

1982

JOURNAL OF THE HOUSE,

"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 and witnessed statement of a reputable licensed physician that the principal m 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 involuntarily confined or detained pursuant to court order in a mental institution in the State of Georgia or in another jurisdiction. A An sworn affidavit er official written and witnessed notice of the warden er 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 or 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 te for the return of the principal, such notice shall serve as the surety's request te have for a detainer to be placed on the principal. Should the state fail there be a failure to place a detainer en a principal who is m custody in a penal institution under sentence ia another jurisdiction within 186 days 30 days, Saturdays, Sundays, and legal holidays included, 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 twe 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 a forfeiture of any appearance bond if it is shown to the satisfaction of the court prior te the entry ef judgment en the forfeiture that the principal on the bond is in the custody of the sheriff or other responsible law enforcement agency. A sworn affidavit or 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 or official written notice to the court clerk and the prosecutor having jurisdiction of the case along with tender payment of the coats 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 30 days, Saturdays, Sundays, and legal holidays included, 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 90 days from the payment of judgment, the court shall order remission under the following conditions:
(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, on motion at a nearing upon notice naving Dccn given te tne prosecuting attor-
ney as required by paragraph 43) ef this subsection, upon application to the court with
prior notice to the prosecutor of such application, said court shall direct remission of
95 percent of the bond if the amount remitted to the surety if the surety locates the

TUESDAY, MARCH 7, 1989

1983

_____ ____ 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 by 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 ad surrendered the defendant er if the apprehension er surrender ef the defendant was substantially procured er 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 the surety causes the adjudication of the principal in the jurisdiction where the bond was made produce tnc principal witnin two years of tnc failure to appear, tne surety snail be entitled to a refund of 50 percent of the bond payment; and
ing ts ncld on trie application tor remission and must fee lurnisncd witn ft copy T tnc
iftg 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 by the surety."
Section 3. This Act shall become effective on July 1, 1989.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Randall of the 101st moved that the House agree to the Senate substitute to HB 187.
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
Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford YByrd 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 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 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
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

On the motion, the ayes were 156, nays 1.

Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie
Y Mueller 01iver,C
Y Oliver.M YOrr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit Pinks ton YPoag Y Porter N Poston Y Powell
Y Rainey Y Randall
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 Y Twiggs Y Vaughan
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

1984

JOURNAL OF THE HOUSE,

The motion prevailed.

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

SB 270. By Senator Barnes of the 33rd:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change the provisions relating to notices of special meetings of agencies; to define the term "agency" as used in the laws relating to inspection of public records.

Representative Groover of the 99th moved that the House insist on its position in substituting SB 270.
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 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.

Representative Porter of the 119th moved that the House insist on its position in disagreeing to the Senate amendment to HB 757 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 Porter of the 119th, Kilgore of the 42nd and Birdsong of the 104th.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 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.

Representative Groover of the 99th moved that the House adhere to its position in substituting SB 297 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

TUESDAY, MARCH 7, 1989

1985

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Groover of the 99th, Lee of the 72nd and Connell of the 87th.

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

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.

The following Senate substitute was read:

A BILL
To amend an Act creating a board of commissioners of Madison County, approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4775), so as to change certain provisions relating to the compensation of the chairman and other members of the board of commissioners; to provide for reimbursement of certain expenses; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a board of commissioners of Madison County, approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4775), is amended by striking subsection (a) of Section 9 and inserting in its place a new subsection (a) to read as follows:
"(a) The chairman of the board of commissioners of Madison County shall receive an annual salary in an amount equal to the annual salary now or hereafter received by the sheriff of Madison County; provided, however, that the chairman shall receive an annual cost-of-living increase in salary as provided in this subsection notwithstanding the fact that such increase results in a salary higher than that of the sheriff. The salary of the chairman shall be payable in equal monthly installments from county funds. Other members of the board shall receive a salary of $3,600.00 per annum, payable in equal monthly installments from county funds. Whenever the employees in the classified service of the state merit system receive a cost-of-living increase of a certain percentage or a certain amount, the salaries of the chairman and other members of the board shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase received by the state employees is in different percentages or different amounts as to certain categories of employees, the salaries of the chairman and other members of the board shall be increased by a percentage or an amount equal to the average percentage or average amount of the general increase in salary granted to the state employees. The periodic changes in the salaries of the chairman and other members of the board shall become effective six months following the date that the costof-living increases received by state employees become effective. The vice-chairman of the board of commissioners shall receive an additional $600.00 per year, payable in equal monthly installments from county funds."
Section 2. Said Act is further amended by striking in its entirety Section 10 and inserting in lieu thereof a new Section 10 to read as follows:
"Section 10. In addition to the salaries set forth in Section 9 of this Act, the chairman and each member of the board shall, upon submission of an expense voucher, be reimbursed for expenses as follows:
(1) A sum not to exceed $300.00 per month for general expenses, including without limitation office supplies; postage; telephone service; transportation within the county

1986

JOURNAL OF THE HOUSE,

or to and from locations not more than 50 miles from the county boundaries, reimbursed at the rate of 25<t per mile; and other general expenses incurred in the exercise of the duties of office; and
(2) In addition to the amount provided by paragraph (1) of this section, a sum not to exceed $500.00 per month for expenses related to travel to locations more than 50 miles from the boundaries of the county, including without limitation meals, lodging, and transportation incurred in the exercise of the duties of office, reimbursed at the rate of 25<t per mile."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Clark of the 13th moved that the House agree to the Senate substitute to HB 902.
On the motion the ayes were 110, nays 0.
The motion prevailed.

Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

WEDNESDAY, MARCH 8, 1989

1987

Representative Hall, Atlanta, Georgia Wednesday, March 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 Respresentatives answered to their names:

Aaron Abernathy Adams Aiken Athon Atkins Bailey
Baker Balkcom
Bannister
Barfoot
Bargeron Barnett.B Beck
Benefield Benn
Birdsong
Bishop
Bostick Branch Brooks
Brown
Buck
Buford
Byrd Carrell Carter Chambless Chance Cheeks

Childers Clark.B Clark.H Clark.L Colbert
Colwell Connell Couch Crawford Crosby
Cummings Davis.C Davis.G Davis.M Dixon.H Dixon.S Dover
Dunn
Ehrhart Felton Fennel Floyd Godbee Good win Green Greene Gresham Groover
Hanner
Harris

Hasty Heard
Herbert
Holcomb Holland
Holmes
Howren
Hudson
Irwin Isakson Jackson,J Jackson.W Jenkins
Johnson
Jones Kilgore Kingston Lane.D Langford Lawson
Lee Linder Long Lord Mangum Martin
McCoy McDonald McKelvey McKinney.B

McKinney.C Meadows
Milam Mobley Moody Moore Morton Moultrie Mueller 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.T Smith.W Stancil.F Stancil.S
Steele Stephens Teper Thurmond
Titus
Tolbert
Twiggs Vaughan Walker.C Wall
Ware
Watson Watts Wilder Williams.B Williams.J Yates Yeargin
Murphy.Spkr

Prayer was offered by the Reverend Chris Price, Pastor, Presbyterian Church, Madison, 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.

1988

JOURNAL OF THE HOUSE,

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

HB 1083. By Representatives Stancil of the 66th, McDonald of the 12th, Coleman of the 118th, Mobley of the 64th and Twiggs of the 4th:
A bill to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to create the Fire Department Revolving Loan Fund; to provide for intent; to provide for definitions; to designate the Department of Community Affairs as the agency to administer the loan fund; to provide for loan uses; to provide for loan application procedures.
Referred to the Committee on Public Safety.

HB 1084. By Representatives Harris of the 84th and Barnett of the 10th:
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 provide for registration of motor vehicle brokers and persons operating public auto auctions.
Referred to the Committee on Motor Vehicles.

HB 1085. By Representative Hamilton of the 124th:
A bill to amend Code Section 35-1-8 of the Official Code of Georgia Annotated, relating to acquisition, collection, classification, and preservation of information assisting in identifying deceased persons and locating missing persons, so as to define certain terms; to change the requirements for exchange of information on certain minors.
Referred to the Committee on Judiciary.

HB 1086. By Representative Kingston of the 125th:
A bill to amend Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, so as to provide that any person who makes a false claim to an insurer or files a false report with a law enforcement officer or agency that a motor vehicle, any component or accessory thereof, or any article contained therein has been stolen shall be guilty of a misdemeanor.
Referred to the Committee on Judiciary.

HB 1087. By Representative Parham of the 105th:
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, storage, or use of metal coins and bullion.
Referred to the Committee on Ways & Means.

HB 1088. By Representatives Pannell of the 122nd, Parrish of the 109th, Smith of the 78th, Buford of the 103rd, Thomas of the 69th and others:
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 provide that certain judicial employees shall be members of the retirement system; to provide for definitions; to provide for creditable service for prior membership in the retirement system; to provide for creditable service for prior service as a judicial employee.
Referred to the Committee on Retirement.

WEDNESDAY, MARCH 8, 1989

1989

HB 1089. By Representatives Twiggs of the 4th, Colwell of the 4th, McDonald of the 12th, Dover of the llth, Bargeron of the 108th and others:
A bill to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to provide for grants to fire departments for the purpose of acquiring facilities, apparatus, and protective, accessory, and communications equipment; to create the Fire Department Grant Fund.
Referred to the Committee on Public Safety.
HB 1090. By Representatives Beck of the 148th, Pinkston of the 100th and Padgett of the 86th:
A bill to amend Code Section 7-5-4 of the Official Code of Georgia Annotated, relating to credit card charges and fees, so as to provide that monthly credit card statements shall contain certain information.
Referred to the Committee on Banks & Banking.

HB 1091. By Representative Porter of the 119th:
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 for certain teaching service in a private nonprofit school for handicapped children; to provide for definitions; to provide for the payment of employer and employee contributions.
Referred to the Committee on Retirement.
HB 1092. By Representative Porter of the 119th:
A bill to amend Code Section 47-3-82 of the Official Code of Georgia Annotated, relating to the reestablishment of creditable service by persons who have withdrawn their contributions from the Teachers Retirement System of Georgia, so as to change the number of times that contributions may be withdrawn and creditable service reestablished under certain conditions and requirements.
Referred to the Committee on Retirement.

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 1093. By Representative Mobley of the 64th:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, known as the "Georgia Peace Officer Standards and Training Act," relating to the employment and training of peace officers, so as to provide for reimbursement by a new employer to a municipality or county or state paying peace officer's training expenses.
Referred to the Committee on Public Safety.

HB 1094. By Representative Redding of the 50th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the merit system generally, so as to change the definition of certain terms; to regulate interdepartmental transfers; to authorize departments to require working test periods for certain employees subject to an interdepartmental transfer.
Referred to the Committee on Governmental Affairs.

1990

JOURNAL OF THE HOUSE,

HB 1095. By Representatives Moore of the 139th, Jamieson of the llth, Parham of the 105th and Parrish of the 109th:
A bill to amend Code Section 47-2-334 of the Official Code of Georgia Annotated, relating to the service retirement allowance and calculation of retirement benefits or allowances under the Employees' Retirement System of Georgia, so as to change the retirement allowance.
Referred to the Committee on Retirement.

HB 1096. By Representatives Pinkston of the 100th, Beck of the 148th and Padgett of the 86th:
A bill to amend Code Section 53-6-1 of the Official Code of Georgia Annotated, relating to the powers, duties, and liabilities of administrators as applicable to executors and agreements between executors and testators as to compensation, so as to change the provisions relative to published fee schedules of executors.
Referred to the Committee on Judiciary.

HB 1097. By Representative Barnett of the 59th:
A bill to amend Code Section 40-6-315 of the Official Code of Georgia Annotated, relating to headgear and eye-protective devices for motorcycle riders, so as to change the requirement of wearing of headgear so that it will only apply to certain persons.
Referred to the Committee on Motor Vehicles.

HB 1098. By Representatives Dobbs of the 74th and Groover of the 99th:
A bill to amend Article 2 of Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to property and persons subject to garnishment except under certain specified conditions.
Referred to the Committee on Judiciary.

HB 1099. By Representatives Bailey of the 72nd, Jackson of the 83rd, Holcomb of the 72nd, Greene of the 130th and Davis of the 72nd:
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 retirement and civil service retirement income shall be deducted from taxable net income.
Referred to the Committee on Ways & Means.

HB 1100. By Representative Smith of the 78th:
A bill to amend Code Section 27-4-32 of the Official Code of Georgia Annotated, relating to sport trotlines, so as to remove the prohibition against the use of sport trotlines within one-half mile below any lock or dam on any of the fresh waters of this state.
Referred to the Committee on Game, Fish & Parks.

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

WEDNESDAY, MARCH 8, 1989

1991

HB 1077 HB 1078 HB 1079 HB 1080 HB 1081 HB 1082 SB 314

SB 392 SB 393 SB 394 SB 395 SB 397 SR 176

Representative Mangum of the 57th District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 345 Do Pass SB 368 Do Pass
Respectfully submitted, Is/ 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 309 Do Pass
Respectfully submitted, /s/ Rainey of the 135th
Chairman

Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:

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

SB 137 Do Pass, by Substitute SB 313 Do Pass SB 320 Do Pass

SB 343 Do Pass SB 360 Do Pass

Respectfully submitted, M Childers of the 15th
Chairman

Representative Jackson of the 9th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

1992

JOURNAL OF THE HOUSE,

Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 347 Do Pass SB 248 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 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 1056 Do Pass HB 1057 Do Pass HB 1058 Do Pass HB 1059 Do Pass HB 1060 Do Pass HB 1061 Do Pass HB 1062 Do Pass HB 1063 Do Pass HB 1064 Do Pass

HB 1065 Do Pass HB 1066 Do Pass HB 1067 Do Pass HB 1075 Do Pass, as Amended HB 1076 Do Pass HR 405 Do Pass HR 406 Do Pass HR 416 Do Pass SB 166 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, MARCH 8, 1989
Mr. Speaker and Members of the House:
The House Committee on Rules has fixed the calendar for this 38th Legislative Day as enumerated below:
HR 113 House Radon Gas Study Committee: Create HR 280 House Rapid Rail Passenger Service Study Committee: Create HR 313 Cert, of Need for Traumatic Brain Injury Facilities St. Comm. HR 349 Timberland: Long-Term Capital Gains: Tax Differential
SB 25 Life Imprisonment/Death Penalty: Judge's Discretion SB 41 State Employees: Sick Leave: Physicians Written Confirmation SB 106 Public Hunting/Fishing Areas: Amend Acts Constituting Trespass SB 165 Election Code: Amend (Rec) SB 216 Evidence: Competency of Witness SB 234 Medicare Supplement Insurance: Unfair Practices SB 240 Local School System: Average Daily Attendance: Repeal Provision SB 241 Used Veh. Dismantlers, Rebuilders, and Salvage Dealers: Ext. Bd.

WEDNESDAY, MARCH 8, 1989

1993

SB 255 Bailable Offense Before Superior Court Judge: Notification SB 287 Juvenile Courts: Dist. Attorney Conduct Delinquency Proceedings SB 299 State Government: Publications: Repeal Certain Requirements SB 329 Civil Actions: Dismissal: Certain Costs
SR 128 Joint West Point Lake Study Committee: Create SR 142 Transportation Trust Funds: Remove From Federal Budget: Urging SR 154 Taliferro County: Grant Easement (Postponed until 3-8-89)
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Groover of the 99th
Vice Chairman

By unanimous consent, all House and Senate Bills requiring further action, and all local House Bills passed today, were ordered immediately transmitted to the Senate.

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

HB 1056.

By Representatives Foster of the 6th, Griffin of the 6th and Poag of the 3rd:
A bill to amend an Act incorporating the City of Dalton, so as to provide for hearings and investigations by the governing body of the City of Dalton and the City of Dalton Public Safety 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 1057. 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 method of selection 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.

HB 1058.

By Representative Greene of the 130th:
A bill to amend an Act providing a new charter for the City of Cuthbert, 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.

1994

JOURNAL OF THE HOUSE,

HB 1059.

By Representatives Stephens of the 68th, Irwin of the 13th, Thurmond of the 67th and Clark of the 13th:
A bill to amend an Act to create the Classic Center Authority for Clarke County, so as to change certain provisions relative 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 1060. By Representatives Walker of the 115th, Watson of the 114th and Waddle of the 113th:
A bill to repeal an Act providing for the registration and licensing of vehicles in Houston County during designated registration periods.

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

HB 1061.

By Representatives Watson of the 114th, Walker of the 115th and Waddle of the 113th:
A bill to authorize the board of commissioners of Houston County to supplement the salaries of the state probation officers and other probation personnel of the Houston 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.

HB 1062. By Representatives Goodwin of the 63rd and Breedlove of the 60th:
A bill to amend an Act creating a new charter for the City of Norcross, so as to provide for staggered terms of office for 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.

HB 1063. By Representative Ray of the 98th:
A bill to amend an Act creating the board of commissioners for Peach County, so as to change the compensation of the board.

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

WEDNESDAY, MARCH 8, 1989

1995

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

HR 405. By Representatives Goodwin of the 63rd, Mobley of the 64th, Breedlove of the 60th, Lawson of the 9th, Wall of the 61st and others:
A resolution creating the Gwinnett County Government Study Commission.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 110, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HR 406. By Representatives Walker of the 85th, Ransom of the 90th, Brown of the 88th, Padgett of the 86th, Cheeks of the 89th and others:
A resolution creating the Augusta-Richmond County Commission on Disadvantaged Youth.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 110, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HR 416. By Representatives Johnson of the 123rd, Mueller of the 126th, Kingston of the 125th, Hamilton of the 124th and Pannell of the 122nd

A RESOLUTION
Creating the House Savannah-Chatham County Anti-Drug Commission Study Committee; and for other purposes.
WHEREAS, the high incidence of crime in the City of Savannah and Chatham County is directly related to the influence of drugs in the community; and
WHEREAS, this deadly influence is constantly increasing and is negatively affecting the quality of education, the future of the youth of the city and county, the structure of the family, interpersonal relationships among community residents, and the financial and economic stability and well-being of the city and county governments and the business community; and
WHEREAS, it is declared to be the public policy of the City of Savannah and Chatham County to declare war on the public menace of drugs.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Savannah-Chatham County Anti-Drug Commission Study Committee.
BE IT FURTHER RESOLVED that the committee will be composed of four members who shall be members of the Chatham County Legislative Delegation, four members who shall be appointed by the Board of Commissioners of Chatham County, two members who shall be appointed by the City Council of the City of Savannah, seven members who shall be appointed by the members of the governing authorities of other municipalities located in Chatham County, four members who shall be members of the SavannahChatham County court system to be appointed by the chief judge of the Superior Court

1996

JOURNAL OF THE HOUSE,

of Chatham County, and four members to be appointed by a majority of the other members, who shall be service providers in the treatment of substance abuse or mental illness. The members of the committee shall be appointed as soon as practicable after the effective date of this resolution and shall convene as early as possible in April, 1989. The committee shall elect its own chairman from its membership.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and specifically the need for an ongoing Savannah-Chatham County Anti-Drug Commission and recommend any actions or legislation which the committee deems necessary or appropriate on such matters. The committee may conduct such meetings, public hearings, community tours, and forums at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive no compensation or reimbursement for their expenses for their service on such committee.
The committee shall conclude its study and may make a report of its findings and recommendations, if any, not later than December 31, 1989. The committee shall stand abolished on December 31, 1989.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 110, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

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.

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

HB 1064.

By Representatives Barnett of the 59th, Breedlove of the 60th, Bannister of the 62nd, Wall of the 61st and Mobley of the 64th:
A bill to amend an Act creating the Recorder's Court of Gwinnett County, so as to change the compensation of the judges of the recorder's 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 91, nays 62.
The Bill, having received the requisite constitutional majority, was passed.

HB 1065. By Representatives Barnett of the 59th, Breedlove of the 60th, Bannister of the 62nd, Wall of the 61st and Mobley of the 64th:
A bill to amend an Act to continue and re-create the State Court of Gwinnett County, so as to change the compensation of the judges of the state court.

WEDNESDAY, MARCH 8, 1989

1997

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 62.
The Bill, having received the requisite constitutional majority, was passed.

HB 1066.

By Representatives Barnett of the 59th, Breedlove of the 60th, Bannister of the 62nd, Wall of the 61st and Mobley of the 64th:
A bill to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, so as to change the provisions relating to the supplement of the salary of each of the judges of the Superior Court of the Gwinnett 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 91, nays 62.
The Bill, having received the requisite constitutional majority, was passed.

HB 1067.

By Representatives Barnett of the 59th, Bannister of the 62nd, Breedlove of the 60th, Wall of the 61st and Mobley of the 64th:
A bill to provide for the compensation of the judge of the Juvenile Court of Gwinnett County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 62.
The Bill, having received the requisite constitutional majority, was passed.

The Gwinnett Delegation wished to be recorded as voting "nay" on HB 1064, HB 1065, HB 1066 and HB 1067.

Representative Dunn of the 73rd wished to be recorded as voting "nay" on HB 1064, HB 1065, HB 1066 and HB 1067.

HB 1075.

By Representatives Padgett of the 86th, Connell of the 87th, Walker of the 85th and Cheeks of the 89th:
A bill 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 CommissionCouncil and the members of the board of commissioners as commissionerscouncilpersons, so as to change the title of the chairman and chairman-mayor; to increase the board of commissioners to 16 members.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 1075 by striking from line 29 on page 3 the figure "105.9" and substituting in lieu thereof the figure "105.09".

1998

JOURNAL OF THE HOUSE,

By striking from lines 6, 14, and 23 on page 4 the figure "105.9" and substituting in lieu thereof the figure "105.09".

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 17.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representatives Tolbert of the 58th and Ransom of the 90th stated that they wished to be recorded as voting "nay" on the preceding Bill of the House.

HB 1076.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to establish the "Clayton County Commission on Children and Youth" congruent and compatible with Chapter 5 of Title 49 of the Official Code of Georgia Annotated, which establishes and implements a state-wide Commission on Children and Youth.

The following substitute, offered by Representative Davis of the 72nd, was read and adopted:

A BILL
To establish the "Clayton County Commission on Children and Youth" congruent and compatible with Chapter 5 of Title 49 of the Official Code of Georgia Annotated which establishes and implements a state-wide Commission on Children and Youth; to provide for matters relative thereto; to provide an effective date; to provide for automatic repeal of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The General Assembly finds that appropriate services to children and youth are vitally important and that a Commission on Children and Youth on a local level, and particularly the establishment in Clayton County of a Commission on Children and Youth, recognizes the importance of this service. The intent of this Act is to provide for the effective coordination and communication between the providers of children and youth services in Clayton County, including pediatrics, health, mental health, business, and industry, and all components of the social service delivery system, education, employment, and juvenile justice and community efforts tangent thereto.
Section 2. (a) There is established the "Clayton County Commission on Children and Youth" which shall be composed of the following members:
(1) Ten voting members selected by the concerted action of the director of the Clayton County Department of Family and Children Services, the chairman of the Clayton County Board of Commissioners and the judge of the Juvenile Court of Clayton County. Voting members shall consist of individuals who are business and community leaders and who by their interest, training, or experience are knowledgeable of the issues affecting children and youth; individuals who are in the field of education; individuals who are part of local government, including law enforcement officials; and individuals who by their training and experience are knowledgeable in pediatrics, health, mental health, or social services. Voting members shall have the authority to vote on all issues before the commission; and voting members shall serve at the pleasure of their selectors. In selection and discharge of the voting members, the votes of two members of the selection and discharge group shall control.

WEDNESDAY, MARCH 8, 1989

1999

(2) Ten ex officio members. Ex officio members shall consist of a member of the Clayton County legislative delegation, the sheriff of Clayton County, the chairman of the Clayton County Board of Commissioners, the Clayton County Director of Police Services, the Clayton County Juvenile Court Judge, the Clayton County Superintendent of Schools, the chairman of the Clayton County Chaplain's Association, a physician appointed by the Director of Public Health, the Director of the Department of Family and Children Services, and the Director of Mental Health. Ex officio members shall not have the authority to vote on the administration of grants or grant requests or other such issues prohibited by law or as set forth in the commission's bylaws. (b) All appointments to the commission shall become effective on the first day of the month following the month in which this Act becomes law. In the event of death, resignation, disqualification, or removal for any reason of any member of the commission, the vacancy shall be filled prior to the next regular meeting in the same manner as the original appointment and the successor shall serve for the unexpired term. (c) Membership on the commission does not constitute public office and no member shall be disqualified from holding public office by reason of his membership on the commission. (d) Members of the commission shall serve without compensation, except that each member may be reimbursed out of the funds of the commission as funds are available for expenses incurred as a result of his duties as a commission member in accordance with the State of Georgia mileage reimbursement allowance. (e) The commission shall elect a chairman and such other officers from among their number and make such bylaws for its operation as may be necessary or appropriate. (f) The commission may establish advisory committees. All members of the advisory committee shall be knowledgeable about children and youth issues.
Section 3. (a) The chairman of the commission may contract with other agencies, public or private, or persons as the chairman deems necessary for the rendering and affording of such services, facilities, studies, research, and reports to the commission as will best assist it to carry out its duties and responsibilities.
(b) The chairman may employ such other professional, technical, and clerical personnel as deemed necessary to carry out the purposes of this Act, given funds available.
Section 4. The commission is vested with the following functions and authorities: (1) To cooperate with and seek cooperation from every department, agency, or
instrumentality in furtherance of the purposes of this Act; (2) To convene periodically, but at least three times a year, at a. place and time
designated by the chairman of the commission; (3) To develop, in coordination and cooperation with all components of the various
children and youth systems of this state, and agencies of Clayton County, public or private, legislative proposals and executive policy proposals to better meet the needs of children and youth and improve the quality of services available to them;
(4) To review and develop an integrated county plan for services provided to children and youth through whatever available federal, state, and local programs;
(5) To provide technical assistance and consultation to members of the commission and officers of Clayton County government, particularly those involved in providing services to children and youth;
(6) To review existing statutes, administrative rules, regulations, ordinances, and policies of those agencies having a member on the commission relating to children and youth and make recommendations which will encourage greater interagency coordination and cooperation, for effective utilization of existing resources, and less duplication of efforts;
(7) To facilitate the elimination of unnecessary duplicative efforts, programs, and services;
(8) To administer assistance funds for the purposes mentioned herein or as assigned by law or executive order; and
(9) Notwithstanding any provision in this Act to the contrary, the commission shall not exercise any power, undertake any duty, or perform any function otherwise assigned by law.

2000

JOURNAL OF THE HOUSE,

Section 5. (a) The commission is authorized to accept and use property, both real and personal, and services for the purpose of carrying out this Act. The commission is authorized to accept and use gifts, grants, and donations for the purpose of carrying out this Act. Any funds, property, or services received by gifts, grants, or donations shall be kept separate and apart from any funds received from any governmental agency, and such funds, property, or services so received by gifts, grants, or donations shall be the property and the funds of the commission and, as such, shall not lapse at the end of each fiscal year but shall remain under the control of and subject to the direction of the commission to carry out the provisions of this Act.
(b) The commission may solicit funds from the federal government, state government, county government and municipalities, and any public funds donated by government are authorized, provided that the commission accounts for the spending of such funds on an annual basis.
(c) The commission shall make an annual report on July 1 of each year of its findings and recommendations to the members of the Clayton County legislative delegation, the Board of Commissioners of Clayton County, and the judicial officers of Clayton County.
Section 6. This Act shall become effective on July 1, 1989.
Section 7. The commission shall stand abolished on July 1, 1991.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 107, nays 4.
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 House:

HB 966. By Representative Mobley of the 64th:
A bill to amend an Act creating a new charter for the City of Auburn, so as to provide a new charter for the City of Auburn.

HB 967. By Representative Meadows of the 91st:
A bill to amend an Act incorporating the City of Manchester, so as to change the name of the city governing authority.

HB 968. By Representative Carrell of the 65th:
A bill to amend an Act reincorporating the City of Monroe in the County of Walton, so as to change certain provisions relative to the membership of the Water, Light, and Gas Commission; to change certain terms of the members of such commission.

WEDNESDAY, MARCH 8, 1989

2001

HB 969. 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 providing an annual salary for the coroner of Muscogee County in lieu of the fee system of compensation, so as to change the compensation of the coroner.
HB 970. By Representatives Howren of the 20th, Gresham of the 21st, Vaughan of the 20th, Ehrhart of the 20th, Thompson 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 sheriff, the chief deputy sheriff, the chief investigator, and the executive secretary to the sheriff.
HB 971. By Representatives Gresham of the 21st, Atkins of the 21st, Vaughan of the 20th, Ehrhart of the 20th, Howren of the 20th and others:
A bill to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, so as to change the compensation of the tax commissioner, the chief clerk, and the executive secretary.
HB 973. By Representatives Royal of the 144th and Powell of the 145th:
A bill to authorize the governing authority of Colquitt 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.
HB 976. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to provide that Clayton County shall have and be authorized to exercise all redevelopment and other powers authorized or granted to political subdivisions pursuant to the "Redevelopment Powers Law"; to provide for certain such powers.
HB 977. By Representatives Ehrhart of the 20th, Vaughan of the 20th, Howren of the 20th, Gresham of the 21st, Atkins of the 21st and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relative to the supplement of the district attorney and the compensation of the chief assistant district attorney and assistant district attorneys.
HB 979. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act placing the sheriff, probate judge, clerk of the superior court, and tax commissioner of Henry County on an annual salary, so as to change the compensation of said officers.
HB 980. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act entitled "An Act to amend an Act providing a new board of commissioners of Henry County, so as to provide for a chairman of the board of commissioners of Henry County to be elected by the voters of Henry County voting on a county-wide basis; to provide that such chairman shall be the chief executive officer of the county;" and for other purposes.

2002

JOURNAL OF THE HOUSE,

HB 981. By Representatives Stephens of the 68th, Thurmond of the 67th, Irwin of the 13th and Clark of the 13th:
A bill to amend an Act providing a new charter for the City of Athens in Clarke County, so as to authorize the city to have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the "Redevelopment Powers Law," as now or hereafter amended, and provide for certain such powers.

HB 982. By Representatives Isakson of the 21st, Howren of the 20th, Aiken of the 21st, Atkins of the 21st, Clark of the 20th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relating to the supplement to be paid to each of the judges of the superior court of said circuit.
HB 983. By Representatives Isakson of the 21st, Howren of the 20th, Aiken of the 21st, Atkins of the 21st, Clark 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 provisions relating to the compensation of the clerk of the superior court and the deputy clerk of the superior court.

HB 984. By Representative Chance of the 129th:
A bill to provide a $10,000.00 homestead exemption from ad valorem taxes of the Town of Rincon, Georgia, for individuals 65 years of age or older.

HB 1018. By Representative Ware of the 77th:
A bill to amend an Act creating the Franklin-Heard County Water Authority, so as to change the name of said authority.
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.
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.

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.

WEDNESDAY, MARCH 8, 1989

2003

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.

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.

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.

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.

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.

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.

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.

2004

JOURNAL OF THE HOUSE,

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.

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.

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.

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.

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.

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.

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.

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

WEDNESDAY, MARCH 8, 1989

2005

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.

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.

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.

HB 990. By Representatives Atkins of the 21st, Howren of the 20th, Aiken of the 21st, Vaughan of the 20th, Gresham of the 21st and others:
A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, so as to change the compensation of said judge.

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

HR 104. By Representative Heard of the 43rd: A resolution designating the Joel Cowan Parkway.

HR 242. By Representative Birdsong of the 104th: A resolution designating the Lightwood Knot Bridge.

HR 277. By Representatives Birdsong of the 104th and Hudson of the 117th: A resolution designating the A. T. Land, Sr., Highway.

HR 401. By Representatives Kingston of the 125th, Hamilton of the 124th, Pannell of the 122nd, Johnson of the 123rd, Mueller of the 126th and others:
A resolution commending the Citizens' Committee for Skidaway Island State Park, Union Camp Corporation, and The Branigar Organization, Inc..

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

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.

2006

JOURNAL OF THE HOUSE,

The Senate has agreed to the House substitute to the following Resolution and Bills of the Senate:

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 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 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.

SR 175. By Senator McKenzie of the 14th:
A resolution authorizing the conveyance of certain state owned real property located in Sumter County, Georgia; to provide an effective date.

The Senate has agreed to the House amendments to the following Resolutions and Bills of the Senate:

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.

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.

WEDNESDAY, MARCH 8, 1989

2007

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.

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.

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

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".

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.

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.

2008

JOURNAL OF THE HOUSE,

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.

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.

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 biir 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.

HB 875. By Representative Stancil of the 66th: A bill to create the Morgan County Water and Sewerage Authority.

HB 972. By Representative Carter of the 146th: A bill to amend an Act establishing a new charter for the Town of Sparks.

HB 959. By Representatives Stephens of the 68th, Thurmond of the 67th, Clark of the 13th and Irwin of the 13th:
A bill to provide for the Athens-Clarke 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 encourage the treatment of persons for alcohol and substance abuse.

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

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.

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

WEDNESDAY, MARCH 8, 1989

2009

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.

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

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.

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 Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

SB 267. ^By Senators Stumbaugh of the 55th, Dawkins of the 45th, Tysinger of the 41st and others:
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; to provide for definitions; to provide for membership in the pool; to provide for operation of the pool; to provide for a board of directors; to provide for powers and duties of the pool.

The President has appointed on the part of the Senate the following: Senators Stumbaugh of the 55th, Deal of the 49th and Dawkins of the 45th.

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

HB 1022.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said officer; to provide for an alternative salary under certain conditions.

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

2010

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HB 965. By Representative Greene of the 130th: A bill to create a board of commissioners of Webster County.

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

SB 352. By Senator Allgood of the 22nd:
A bill to create and establish an airport authority in and for the City of Augusta and to authorize such authority to acquire, construct, equip, maintain, operate, own, and improve airports and landing fields for the use of aircraft, and to acquire, own, and hold a fee simple title to all necessary property therefor, both real and personal, and to lease and sell any and all such facilities including real property.

SB 398. By Senators Clay of the 37th, Ragan of the 32nd and Barnes of the 33rd:
A bill to amend an Act reincorporating the City of Marietta, as amended, so as to change the qualifications of the mayor and councilmen; to provide for compensation of the mayor pro tern.; to change the provisions relating to membership of the board of lights and waterworks.

SB 399. By Senators Coleman of the 1st, Scott of the 2nd 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 change the corporate limits of the City of Savannah.

SB 400. By Senator Barnes of the 33rd:
A bill to authorize Cobb County to have and be authorized to exercise all redevelopment and other powers authorized or granted counties pursuant to the "Redevelopment Powers Law," as now or hereafter amended, and provide for certain such powers; to provide for a referendum.

SB 404. By Senator Barnes of the 33rd:
A bill to amend an Act to authorize the establishment of a civil service system in Cobb County for persons receiving salary and wages in whole or in part from Cobb County, as amended, so as to change the provisions relating to classified and unclassified positions.

Representative Dixon of the 151st moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the Senate:

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.

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

WEDNESDAY, MARCH 8, 1989

2011

Y Aaron Y Abernathy N 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 N Birdsong
Y Bishop Y Bostick N Branch Y Breedlove
Y Brooks Y Brown YBuck N Buford NByrd N Carrell Y Carter Y Chambless Y Chance N Cheeks Y Childers Y Clark,B

N Clark.H Y Clark.L Y Colbert Y Coleman N Colwell Y Connell
Y Couch Cox
N Crawford Y Crosby
Cummings.B Y Cummings.M N Davis.C
Y Davis,G Y Davis.M Y Dixon.H N Dixon.S
Dobbs N 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 N Hamilton
Manner Y Harris

Y Hasty N Heard Y Herbert Y Holcomb N Holland Y Holmes Y Hooks Y Howren Y Hudson N Irwin Y Isakson
Jackson,J Y Jackson.W Y Jamieson N Jenkins Y Johnson Y Jones Y Kilgore
Y Kingston Y Lane.D Y Lane,R
Langford Y Lawrence
Lawson YLee
Linder YLong YLord
Lucas Y Lupton
Mangum Y Martin N McCoy Y McDonald N McKelvey Y McKinney.B

On the motion, the ayes were 119, nays 34. The motion prevailed.

Y McKinney.C
Y Meadows Milam
N Mobley N Moody N Moore
N Morton N Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett N Pannell
Parham Parrish Y Patten
Y Pettit Y Pinkston YPoag Y Porter N Poston Y Powell
Y Rainey Y Randall N Ransom YRay Y Reaves Y Redding
Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson

Y Sinkfield N Smith,L Y Smith.P N Smith.T Y Smith, W
Smyre YSnow Y Stancil.F Y Stancil.S N Stanley Y Steele Y Stephens Y Teper
Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend
Y Vaughan Waddle
Y Walker.C N Walker,L N Wall
Ware Y Watson
Watts White Y Wilder Williams.B N Williams.J Y Yates Y Yeargin Murphy.Spkr

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

SR 154. By Senator Pollard of the 24th:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a fiber optic cable in, on, over, under, upon, across, and through property owned by the State of Georgia in Taliaferro County, Georgia; to provide an effective date.

The following substitute, offered by Representative Ricketson of the 82nd, was read and adopted:

A RESOLUTION
Granting a nonexclusive easement for construction, operation, and maintenance of a fiber optic cable in, on, over, under, upon, across, and through property owned by the State of Georgia in Taliaferro County, Georgia; granting a nonexclusive easement for relocation, construction, operation, and maintenance of an electric transmission line on, over, upon, and across property owned by the State of Georgia in Monroe County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS: (1) The State of Georgia is the owner of certain real property located in the 601st, 604th, and 607th Georgia militia districts of Taliaferro County, Georgia, which is in the

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custody of the Department of Natural Resources and is known as the Alexander H. Stephens State Park; and
(2) Georgia Power Company now holds an easement for an electrical transmission line across Alexander H. Stephens State Park property; and
(3) Southern Bell Telephone and Telegraph Company desires to extend an underground fiber optic cable in, on, over, under, upon, across, and through a portion of said state owned property lying within the Georgia Power Company transmission line easement; and
(4) Southern Bell Telephone and Telegraph Company has reached agreement with Georgia Power Company for the use of the right of way of Georgia Power Company for running underground fiber optic cable; and
(5) The underground fiber optic cable in, on, over, under, upon, across, and through a portion of said property will be beneficial to the public and Southern Bell Telephone and Telegraph Company; and
WHEREAS: (1) Georgia Power Company has also cooperated in the relocation of its existing transmission line across the site of the Georgia Public Safety Training Center in Monroe County, Georgia; and (2) The state is the owner of the site of the center, and in particular, the site of the relocated line, certain real property in Land Lots 104, 105, and 120 of the 6th Land District in Monroe County, Georgia, which is more particularly described on that certain plat of survey prepared by Georgia Power Company, Land Department, entitled Barnesville-Forsyth Transmission Line, Drawing No. N-315, dated March 1987; and (3) Georgia Power Company holds certain easements for right of way from prior owners in regard to different locations within the training center site, and it is mutually beneficial to provide for the relocation by exchange of an easement from the State of Georgia in return for a quitclaim deed from Georgia Power Company.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE 1
Section 1. (a) That the State of Georgia is the owner of the hereinafter described real property, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
(b) That the State of Georgia, acting by and through its State Properties Commission, may grant to Southern Bell Telephone and Telegraph Company, its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of an underground fiber optic cable in, on, over, under, upon, across, and through the easement area for the purpose of constructing, inspecting, replacing, repairing, maintaining, and operating an underground fiber optic cable, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes.
(c) That the said "easement area" is located in the 601st and 607th Georgia militia districts of Taliaferro County, Georgia, within an existing Georgia Power Company easement known as the Stevens Creek - Union Point Transmission Line right of way which crosses the north portion of the Alexander H. Stephens State Park for a distance of approximately 6,800 feet and is briefly described as being a 10 foot wide strip of land located within the boundaries of and adjacent to the northerly side of the above-referenced Georgia Power Company easement. Said "easement area" will be more particularly described by a plat of survey obtained by Southern Bell Telephone and Telegraph Company and presented to and approved by the State Properties Commission.
(d) That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating an underground fiber optic cable.

WEDNESDAY, MARCH 8, 1989

2013

(e) That Southern Bell Telephone and Telegraph Company shall not permit any person except Southern Bell Telephone and Telegraph Company employees, contractors, subcontractors, and agents to enter upon the premises and then only for the purposes and to the extent contemplated in this resolution.
(f) That Southern Bell Telephone and Telegraph Company shall have the right to remove or cause to be removed from said "easement area" only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said underground fiber optic cable.
(g) That, after Southern Bell Telephone and Telegraph Company has constructed and put into use the fiber optic cable for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Southern Bell Telephone and Telegraph Company, its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, its successors and assigns.
(h) That no title shall be conveyed to Southern Bell Telephone and Telegraph Company and, except as herein specifically granted to Southern Bell Telephone and Telegraph Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Southern Bell Telephone and Telegraph Company.
(i) That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, Southern Bell Telephone and Telegraph Company shall remove or relocate its facilities at its sole cost and expense.
(j) That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the Official Code of Georgia Annotated requiring that a conveyance of real property by the state be filed with the State Properties Commission and accompanied by a plat of the property conveyed, the plat or drawing of the property, the conveyance of which is authorized by this resolution, to be furnished by purchaser, shall constitute an acceptable plat for filing.
(k) That the consideration for such easement shall be not less than the fair market value thereof plus $650.00 and the mutual benefit to the parties from the construction, operation, and maintenance of said fiber optic cable.
(1) That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE 2
Section 2. (a) That the State of Georgia is the owner of certain real property in Land Lots 104, 105, and 120 of the 6th Land District in Monroe County, Georgia, which is more particularly described on that certain plat of survey prepared by Georgia Power Company, Land Department, entitled Barnesville-Forsyth Transmission Line, Drawing No. N-315, dated March 1987, hereinafter referred to as the "Training Center easement area," and that, in all matters relating to the Training Center easement area, the State of Georgia is acting by and through its State Properties Commission.
(b) That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, its successors and assigns, a nonexclusive easement for the relocation, construction, inspection, replacement, repair, maintenance, and operation of an overhead electric power transmission line on, over, upon, and across the Training Center easement area, together with such further terms and conditions as may be established by the commission.
(c) That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the Official Code of Georgia Annotated requiring

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that a conveyance of real property by the state be filed with the State Properties Commission and accompanied by a plat of the property conveyed, the plat or drawing to be furnished by Georgia Power Company shall constitute an acceptable plat for filing if approved by the commission.
(d) That the consideration for such easement shall be a quitclaim deed to the original site of the Georgia Public Safety Training Center from Georgia Power Company to the State of Georgia.
(e) That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE 3
Section 3. That this resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without such approval.
Section 4. That all laws and parts of laws in conflict with this resolution are repealed.

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

Y Aaron 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 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
Clark.B

Y Clark.H Y Clark.L Y Colbert Y Coleraan 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
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 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 Y McDonald Y McKelvey Y McKinney.B

Y McKinney.C Y Meadows
Milam Y Mobley
Moody Moore Y Morton Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Pannell
Parham 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
Ricketson
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 N Stephens Y Teper
Thomas.C
Y Thomas.M Thompson Thurmond Titus
Y Tolbert Y Townsend Y Twiggs Y Vaughan
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 adoption of the Resolution, by substitute, the ayes were 147, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

The Speaker Pro Tem assumed the Chair.

WEDNESDAY, MARCH 8, 1989

2015

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

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 Senate substitute was read:

A BILL
To amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to change certain 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 and pharmacists 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 authorize the performance of certain acts in life-threatening situations; 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:
"(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 Articles 2 and 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:

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"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.
(3.1) 'Dispensing procedure' means a written document signed by a licensed pharmacist, by which document the pharmacist establishes the appropriate manner under which drugs may be dispensed pursuant to this Code section.
(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 prescrib-
ing, which act can only be performed by the physician. (9) 'Physician's assistant' means a person certified as a physician's assistant pur-
suant 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 a pharmacist
may delegate to a physician's assistant or nurse the authority to dispense dangerous drugs pursuant to a dispensing procedure if that nurse or physician's assistant orders or dispenses those dangerous drugs, medical treatment, 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:
(I) 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, other than an organization which is a hospital, preferred provider organization, health mainte-
nance organization, or similar organization; or
(II) Established under the authority of or receiving funds pursuant to 42 U.S.C. Section 254b or 254c of the United States Public Health Services Act,
which organization provides that those medical services and dangerous drugs which are ordered or 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.

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(3) In addition, a physician may delegate to a physician's assistant or to a nurse recognized by the Georgia Board of Nursing as a certified nurse midwife, certified registered nurse anesthetist, or certified nurse practitioner the authority to order dangerous drugs, medical treatments, or diagnostic studies and the authority to dispense dangerous drugs if such physician's assistant or nurse orders or dispenses such drugs, treatments, or studies to an inpatient of a licensed hospital and such physician's assistant or nurse orders or dispenses such drugs 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.
(4) In addition, 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 dispense dangerous drugs if that nurse or physician's assistant orders or dispenses such drugs, treatments, or studies to a patient of an outpatient clinic:
(A) Which is owned or operated by a licensed hospital; (B) Which provides such drugs, treatments, or studies free or at a charge to the patient based solely upon the patient's ability to pay; provided, however, such charge shall not exceed the actual cost to the outpatient clinic; and (C) Whose services are primarily provided to the medically disadvantaged and that nurse or physician's assistant orders or dispenses such drugs 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. (5) 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. (6) 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 assis-
tant 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 Articles 2, 4,
and 6 of this chapter, relating to physicians, osteopaths, physician's assistants, and respiratory therapists, 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 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 issu-
ance 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 (2) 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 interfere with the employer/employee relationship of any agent or employee of such organization.
(i) Notwithstanding any other provision of law to the contrary, a physician's assistant
or nurse may perform any act deemed necessary to provide treatment to a hospital or nursing home patient in a life-threatening situation when such act is authorized by
standing procedures established by the medical staff of the hospital or nursing home."
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:

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"(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.

Representative Pannell of the 122nd moved that the House disagree to the Senate substitute to HB 209.
The motion prevailed.

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

SB 352. By Senator Allgood of the 22nd:
A bill to create and establish an airport authority in and for the City of Augusta and to authorize such authority to acquire, construct, equip, maintain, operate, own, and improve airports and landing fields for the use of aircraft, and to acquire, own, and hold a fee simple title to all necessary property therefor, both real and personal, and to lease and sell any and all such facilities including real property.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 398. By Senators Clay of the 37th, Ragan of the 32nd and Barnes of the 33rd:
A bill to amend an Act reincorporating the City of Marietta, as amended, so as to change the qualifications of the mayor and councilmen; to provide for compensation of the mayor pro tern.; to change the provisions relating to membership of the board of lights and waterworks.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 399. By Senators Coleman of the 1st, Scott of the 2nd 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 change the corporate limits of the City of Savannah.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 400. By Senator Barnes of the 33rd:
A bill to authorize Cobb County to have and be authorized to exercise all redevelopment and other powers authorized or granted counties pursuant to the "Redevelopment Powers Law," as now or hereafter amended, and provide for certain such powers; to provide for a referendum.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 404. By Senator Barnes of the 33rd:
A bill to amend an Act to authorize the establishment of a civil service system in Cobb County for persons receiving salary and wages in whole or in part from Cobb County, as amended, so as to change the provisions relating to classified and unclassified positions.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, MARCH 8, 1989

2019

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

SB 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.

The following Committee substitute was read and adopted:

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 revise provisions which require that publications of the executive branch of government indicate certain cost information on the cover of the publication; to provide for the applicability of said provisions to various governmental entities; to provide for cost calculations; to define a criminal offense and provide criminal penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, is amended by striking Article 1, relating to cost information on the covers of certain publications, and inserting in its place a new Article 1 to read as follows:
"ARTICLE 1
50-18-1. (a) Each pamphlet, booklet, brochure, or other promotional publication printed by an agency or department of the executive branch, except the 'Farmers and Consumers Market Bulletin' published by the Department of Agriculture, shall clearly show on its cover the number of copies of that particular publication printed, as weH as the approximate total cost of such printing which shall be defined as the costs of the actual printing process including press time and paper, and a statement to read APPROXIMATE COST OF PRESS TIME AND PAPER ONLY'.
(b) The approximate cost of such printing shall be provided by the agency or department, based on estimates or other information provided by the private or public entity performing such printing.
50-18-2. (a) This article shall not apply to tax forms, returns, pamphlets, and instructional publications of the Department of Revenue.
(b) This article shall not apply to any publication which is required or established by statute or which has as its primary purpose to provide information or instruction to persons, corporations, or other entities regulated by, registered with, employed by, seeking employment with, or doing business with the state.
(c) This article shall not apply to the printing of any portion of the Official Code of Georgia Annotated or rules adopted pursuant to the 'Georgia Administrative Procedure Act,' Chapter 13 of this title.
50-18-3. The Governor, through the Office of Planning and Budget, shall monitor compliance with this article and shall ensure that any agency or department in violation of this article is notified of and corrects any reported or identified problems of noncompliance."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 98, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

The following substitute, offered by Representative Rainey of the 135th, 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 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 lengthen the maximum open season for turkey gobblers; to change certain creel and possession limits of fish; to change provisions relating to mountain trout taken from certain reservoirs; to change the provisions relating to use of public fishing areas; to remove the season restriction from certain trout streams; to limit the number of fish baskets allowed on Lake Sinclair and Lake Oconee to five baskets per person; to provide that one person cannot fish with the baskets of another person unless accompanied by such other persons at the time of such fishing; to change provisions relating to reciprocal agreements with adjoining states; to exempt certain persons from the requirement to obtain wild animal permits for triploid grass carp purchased from certain licensed wild animal dealers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking subsection (b) of Code Section 27-1-33, relating to regulations for the use of fishing and wildlife management areas, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Any person who enters upon or who hunts, traps, or fishes on any public hunting or fishing area or on any game management area owned or operated, or owned and operated, by the department in violation of this Code section commits the offense of criminal trespass."
Section 2. Said title is further amended by striking paragraph (4) of Code Section 27-3-4, relating to legal weapons for hunting small game, nongame animals, or nongame birds, and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) Weapons for hunting small game, nongame animals, or nongame birds shall be limited to shotguns with shot shell size of no greater than 3 '/2 inches in length with No. 4 2 lead shot or smaller or steel shot size of BBB or smaller shot, .22 rimfire rifles, guns using .30 caliber army carbine cartridges, the .32-20, any center-fire rifles with bore diameter of .257 or smaller, all caliber pistols, muzzleloading firearms, longbows, and compound bows;".

WEDNESDAY, MARCH 8, 1989

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Section 3. Said title is further amended by striking subsection (b) of Code Section 27-3-15, relating to seasons and bag limits, 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:

Game Species Maximum Open Season

Maximum Bag Limits

Daily

Season

(1) Quail

Nov. 12 W March 15

12

No limit

(2) Grouse Oct. 15 Feb. 29

3

No limit

(3) Turkey March 15

2

2

gobblers May 21 &

(4) Deer

Sept. 15 Jan. 15

5

5

(5) Bobcat Oct. 15 Feb. 29

No limit

No limit

(6) Opossum (A) Oct. 15 Feb. 29, for that area north of and including Haralson, Paulding, Bartow, Cherokee, Forsyth, Hall, Banks, Franklin, and Hart counties; and
(B) Jan. 1 Dec. 31 for the remainder of the state

No limit No limit

No limit No limit

(7) Rabbit Nov. 12 W Feb. 29

10

No limit

(8) Raccoon (A) Oct. 15 Feb. 29, for that area north of and including Carroll, Fulton, Gwinnett, Barrow, Clarke, Oglethorpe,

No limit

No limit

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Taliaferro, Wilkes, and Lincoln counties; and (B) Jan. 1 Dec. 31 for the remainder of the state

No limit

No limit

(9) Squirrel Aug. 15 Feb. 29

10

No limit

(10) Fox

Jan. 1 Dec. 31

No limit

No limit

(11) Migratory Sept. 1 game March 10 birds

Subject to limits set by the federal government and
adopted by the board

(12) Bear

Sept. 15 Jan. 15

1

1

(13) Alligators April 1 Oct. 31

Subject to limits adopted by the board."

Section 4. Said title is further amended by striking Code Section 27-4-10, relating to creel and possession limits, and inserting in lieu thereof a new Code Section 27-4-10 to read as follows:
"27-4-10. It shall be unlawful to take in one day or to possess at any one time, except at one's place of abode or at a commercial storage facility, more than:
(1) Ten of any one or a combination of the following species: (A) Largemouth bass; (B) Smallmouth bass; (C) Shoal bass; (D) Suwannee bass; (E) Spotted bass or Kentucky bass; (F) Redeye or Coosa bass;
(2) Eight of any one or a combination of the following species: (A) Rainbow trout; (B) Brook trout; (C) Brown trout;
(3) Thirty white bass; 44) Six ef any one er a combination ef the following species:
(/\) otripCQ pass of rocKiisn; (B) Striped-white bass hybrid; (3) Fifteen of any one or a combination of the following species; provided, however, only two fish may be 22 inches or longer in length: (A) White bass; (B) Striped bass; (C) Striped-white bass hybrids; (4) Notwithstanding the provisions of paragraph (3) of this Code section to the contrary, from the Ogeechee River, the Oconee River downstream of Sinclair Dam, the Ocmulgee River downstream of Juliette Dam, the Altamaha River, and the Satilla River: (A) Fifteen of any one or a combination of the following species:

WEDNESDAY, MARCH 8, 1989

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(i) White bass; (ii) Striped-white bass hybrids; (B) Two striped bass which must be 22 inches or longer in length; (5) Fifty of any one or a combination of the game species of bream or sunfish; (6) Eight walleye (walleyed pike); (7) Eight sauger; (8) Two muskellunge; (9) Fifteen of any one or a combination of the following species of pickerel: (A) Chain; (B) Grass; (C) Redfin; (10) Fifty Thirty of any one or a combination of the following species: (A) Black crappie; (B) White crappie; (11) Eight of any one or a combination of the following species: (A) American shad; (B) Hickory shad; (11.1) (A) Notwithstanding the provisions of paragraph (11) of this Code section to the contrary, two of any one or a combination of the following species if taken from the Ogeechee River: (i) American shad; (ii) Hickory shad; . (B) This paragraph shall stand repealed in its entirety on July 1, 1993; (12) A total of 50 of all of the species named in this Code section; (13) Two red drum, commonly known as spot-tail bass or channel bass, greater than 32 inches in length."
Section 5. Said title is further amended by striking subsection (c) of Code Section 27-4-11, relating to size limits, and inserting in lieu thereof a new subsection (c) to read as follows:
It shall be unlawful to take or have in possession from the Richard B. Russell Lake any species of mountain trout which is less than 14 12 inches in length antl which was taken from Lakes Lanier Hartwcll Clark Hill Burton Rabun Seed Tallulah Falls or Blue
of trom any tributary tt) saio. laKcs tor ft distance ot tnrcc miles upstream.
Section 6. Said title is further amended by striking subsections (g) and (o) of Code Section 27-4-11.1, relating to restrictions in public fishing areas, and inserting in lieu thereof new subsections (g) and (o), respectively, to read as follows:
"(g) It shall be unlawful to operate any boat motor vessel as defined in Code Section 52-7-3, except fishing boats being propelled by paddles, oars, or electric motors, on any public fishing area owned or operated by the department; provided, however, that: it

(1) It shall not be unlawful to operate any sailboat or any fishing boat being propelled by a motor of 20 horsepower or less on the Rum Creek Public Fishing Area;
(2) It shall not be unlawful to operate any fishing boat being propelled by a motor of less than 10 horsepower on any public fishing lake over 99 acres in size; and
(3) It shall not be unlawful to operate any fishing boat being propelled by a motor of 10 horsepower or greater and at idle speed on any public fishing lake over 99 acres in size, except on the Rum Creek Public Fishing Area." "(o) At the Arrowhead, McDuffie, Evans County, and Baldwin Forest Public Fishing Areas, it shall be unlawful for any person:
(1) To fish at any time between November 1 and March 1; (2) To fish unless he has checked in at the department checking station located at the area;
IP 1 .OO Qftily permit, unless fie nolds 8ft jionorsry iisnmg

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44) (3) If he has fished at the area, to fail or refuse to check out before leaving the area, unless a sign is posted indicating that checkout is unnecessary; or
{&) (4) To fish, if he refuses to leave his Georgia fishing license at the checking station upon the request of any authorized personnel of the department."
Section 7. Said title is further amended by striking paragraphs (21) and (23) of Code Section 27-4-52, relating to trout waters without seasons, and inserting in lieu thereof new paragraphs (21) and (23), respectively, to read as follows:
"(21) Rabun County: (A) Chattooga River: Entire length between Georgia and South Carolina; (B) Chattooga River, West Fork: Entire length; (C) Little Tennessee River: Entire length downstream from U.S. Highway 23-441
bridge; (D) Overflow Creek: Entire watershed; and
Ra(bEu)n;"Tallulah River: From Lake Burton Dam downstream Downstream to Lake
"(23) Towns County: (A) Brasstown Creek: Entire watershed downstream from U.S. Highway 76 bridge; (B) Hightower Creek: Entire length downstream from U.S. Highway 76 bridge; ad (C) Hiawassee River: Entire length downstream from Brown Bridge (second bridge
above U.S. Highway 76 on Georgia Highway 75); (D) Charlies Creek watershed; and (E) Tallulah River;"
Section 8. Said title is further amended by adding at the end of Code Section 27-4-92, relating to the use of fish baskets in commercial fresh-water fishing, a new subsection (e) to read as follows:
"(e) Notwithstanding any other provision to the contrary, it shall be unlawful for any person to fish with more than five baskets in the waters of Lake Sinclair and Lake Oconee. No person shall fish with the baskets of other persons unless accompanied by such other persons at the time of such fishing."
Section 9. Said title is further amended by striking Code Section 27-4-230, relating to a reciprocal agreement with Alabama, which reads as follows:
"27-4-230. (a) The area covered by the reciprocal agreement with Alabama includes the banks and the waters of only that portion of the Chattahoochee River lying between the States of Georgia and Alabama and those impoundments now existing or that may exist in the future on such reach of the river, provided that such agreement shall not include that portion of West Point Reservoir lying upstream (north) of Georgia Highway 109 bridge on the Chattahoochee River arm of such reservoir; provided, further, that the waters covered by such agreement do not include other streams or tributaries which flow into the Chattahoochee River or its impoundments.
(b) Any person of the State of Georgia or the State of Alabama may engage in sport or commercial fishing in any of the above-described waters and on the banks of such waters if he has obtained and has in his possession while fishing the permits or licenses, or both, required by the respective state; provided, however, this provision shall only be effective so long as the reciprocal agreement with Alabama is in force and effect.
(c) There are no exceptions to the fishing laws and regulations of the State of Georgia in the Georgia waters. The reciprocal agreement with Alabama pertains only to reciprocation of licenses."
Section 10. Said title is further amended by striking Code Section 27-45-231, relating to a reciprocal agreement with Florida, which reads as follows:
"27-4-231. (a) The agreement described in this Code section shall apply to the following:
(1) The waters of and the banks of the waters of the St. Mary's River, not including its tributaries; or
(2) The waters of and the banks of the waters of Lake Seminole, bounded on the west by Florida State Road No. 271; on the south by the Jim Woodruff Dam; on the

WEDNESDAY, MARCH 8, 1989

2025

east by the line immediately east of the Chattahoochee Marina, also known as the Booster Club, running northwest across the reservoir to the tip of land at the junction of the Flint and Chattahoochee rivers, west of Spring Creek; and on the north by the Herman Talmadge Bridge across the Chattahoochee River. (b) (1) Any person who has obtained and has in his possession while fishing the properly issued permits or licenses, or both, required by either state may sport fish in the waters and from the land described in subsection (a) of this Code section.
(2) No license or permit shall be required by either state of any person who is a resident of Florida who is less than 15 years of age, or a resident of Georgia who is less than 16 years of age; and honorary permits issued to residents of the issuing state shall be recognized by the other state. (c) (1) It shall be unlawful to take in one day or to possess at any one time, except at one's place of abode or at a commercial storage facility, more than six striped bass and more than six striped-white bass hybrids from the waters described in subsection (a) of this Code section,
(2) All other fishing laws and regulations of the State of Georgia shall apply in the Georgia waters. Specifically, the reciprocal agreement does not apply to or in any way change the laws or regulations of either state pertaining to fishing for shad."
Section 11. Said title is further amended by striking Code Section 27-4-232, relating to a reciprocal agreement with North Carolina, which reads as follows:
"27-4-232. (a) The agreement described in this Code section shall cover the Chatuge Reservoir east of the dam to Elf High Bridge on the Shooting Creek arm; to Macedonia Bridge on U.S. Highway 76, south of Hiawassee, Georgia; and the lateral branches of the reservoir between these points.
(b) All persons fishing with rod and reel, with hook and line, or by casting in the waters of Lake Chatuge beyond the bounds of the state from which they hold a valid fishing license from the State of Georgia or the State of North Carolina shall be authorized to fish with such license only from boats not anchored to the shore or to a pier or boat dock connecting to the shore.
(c) There are no exceptions to the fishing laws and regulations of the State of Georgia in the Georgia portion of the Chatuge Reservoir. The reciprocal agreement with North Carolina pertains only to reciprocity of licenses."
Section 12. Said title is further amended by striking Code Section 27-4-233, relating to a reciprocal agreement with South Carolina, which reads as follows:
"27-4-233. (a) The agreement described in this Code section shall cover all channels of the Savannah River from its mouth to the confluence of the Tugaloo (Toogaloo) and Seneca rivers; the Tugaloo (Toogaloo) River from its mouth to the confluence of the Tallulah River and the Chattooga River; and Chattooga River to the point where it intersects with the thirty-fifth parallel of north latitude, which is the boundary line between Georgia and North Carolina. This agreement is also applicable to the Clark Hill Reservoir, Richard B. Russell Lake, the Hartwell Reservoir, Yonah Lake, Tugaloo (Toogaloo) Lake, Stevens Creek Lake, and the New Savannah Bluff Lock and Dam but is not applicable to any tributary streams to such impoundments nor to tributary streams of the Savannah, Tugaloo (Toogaloo), and Chattooga rivers. The inclusion of Richard B. Russell Lake in this agreement will be effective at such time that the State of South Carolina takes similar action.
(b) All persons meeting the fishing license requirements of the State of Georgia or the State of South Carolina will be allowed to fish on the banks and the waters described in subsection (a) of this Code section without the necessity of obtaining any other license.
(c) (1) The creel limits for striped bass and striped-white bass hybrids shall be ten fish of each species. The creel limits for bream (all species) shall be 30 fish, and the creel limit for crappies shall be 30 fish per day.
(2) It shall be unlawful for any person to possess more than 40 in the aggregate of all game fish except channel and flathead catfish. It shall also be unlawful for any person to possess more than ten in the aggregate of striped bass and striped-white

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bass hybrid from the waters described in subsection (a) of this Code section. It shall be unlawful to possess more than ten in the aggregate of largemouth, spotted, or Coosa bass and more than eight in the aggregate of trout. No person may possess in either state more fish than permitted by that state even though the fish may have been caught in the waters of the other state.
(3) The minimum size limit on trout taken from Clark Hill and Hartwell reservoirs shall be 14 inches in length between December 1 and April 1 of the following year. There shall be no size limit on trout taken from these waters during the period of April 1 through November 30.
(4) Any person using baskets, minnow seines, or trotlines for the taking of fish in the waters described in subsection (a) of this Code section, regardless of his residency, shall comply with the laws, rules, and regulations of the state containing the waters in which the gear is fished. Otherwise, this reciprocal agreement does not apply to commercial fresh-water or commercial salt-water fishing, only to fresh-water sport fishing.
(5) No person shall have a rifle in his possession or in a boat in South Carolina waters.
(6) All other fishing laws and regulations of the State of Georgia shall apply in the Georgia portion of these waters."
Section 13. Said title is further amended by adding at the end of Code Section 27-4-234, relating to reciprocal agreements with adjoining states, a new subsection (d) to read as follows:
"(d) The commissioner is authorized to enter into agreements from time to time with the proper authorities of any of the adjoining states whereby a valid fishing license issued by the State of Georgia will be accepted and honored as and in lieu of a fishing license for adjoining states so agreeing on the banks and in the waters of the lakes, rivers, and streams lying between the State of Georgia and such adjoining state or partly within the boundaries of both the State of Georgia and that adjoining state. In turn, valid licenses issued by said adjoining state shall be accepted and honored as and in lieu of a Georgia fishing license on the banks and in the waters of such lakes, rivers, and streams. Notwithstanding provisions of this title to the contrary, it shall be unlawful to take game fish except channel catfish, flathead catfish, American shad, and hickory shad from waters of the lakes, rivers, and streams lying between the State of Georgia and such adjoining state or partly within the boundaries of Georgia and that adjoining state. The numbers of those game fish which may be lawfully taken from such waters are limited by the commissioner in accordance with current, sound principles of wildlife management. Those limits allow one to 50 fish of each species to be taken but no more than a total of 50 fish of all species."
Section 14. Said title is further amended by striking subsection (b) of Code Section 27-5-4, relating to wild animal licenses and permits, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Wild animal licenses will be issued only to persons engaged in the wholesale or retail wild animal business or persons exhibiting wild animals to the public. Wild animal permits will be issued at no cost and only to persons for scientific or educational purposes or to a pond owner for grass carp or grass carp hybrids where the department has determined that the possession of such carp by the pond owner will not constitute a threat to wildlife; provided, however, that no such permit shall be required for persons buying triploid grass carp from properly licensed wild animal dealers authorized to sell grass carp where the bill of sale is retained by the buyer as proof of such sale and where the triploid grass carp are to be stocked only into a private pond; provided, further, that no such license or permit shall be required solely for the transportation of wild animals through this state where the animals remain in this state no more than 24 hours and are not sold or transferred while in this state."
Section 15. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

WEDNESDAY, MARCH 8, 1989

2027

Section 16. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representative Lane of the lllth et al. move to amend the Floor substitute to SB 106 as follows:
On page 3 line 3 and line 31 strike "12" and insert in lieu thereof "1".

Representative Rainey of the 135th et al. move to amend the Floor substitute to SB 106 as follows:
Renumbering Sections 13 and 14 of Senate Bill 106 as Sections 14 and 15 and by inserting a new Section 13 as follows:
"Section 13. Said article is further amended by striking paragraph (2) of subsection (b) of Code Section 4-8-25, relating to requirements for possessing dangerous dogs or potentially dangerous dogs, in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows:
'(2) (A) The posting of the premises where the dangerous dog or potentially dangerous dog is located with a clearly visible sign warning that there is a dangerous dog on

(B) The Department of Natural Resources shall design a uniform symbol for the purpose of implementing Subparagraph (A) of this paragraph no later than July ]_, 1989 and shall provide copies of the design to the governing authority of each county and municipality of this state. The sign required to be posted by Subparagraph (A) of this paragraph shall conform substantially to the design provided by the Department of Natural Resources pursuant to this Subparagraph.
(C) The requirement of Subparagraph(A) of this paragraph shall become effective 60 days following the day the uniform design specified in Subparagraph (B) of this paragstraatpeh'."is distributed to the governing authority of each county and municipality of the
The Floor substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 89, nays 14.
The Bill, by substitute, as amended, having failed to receive the requisite constitutional majority, was lost.
Representative Green of the 106th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the Senate:
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.

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On the motion, the ayes were 101, nays 7. The motion prevailed.

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; and for other purposes.
WHEREAS, the federal Environmental Protection Agency has estimated that lifetime exposure to household radon over currently recommended limits causes 5,000 to 20,000 deaths from lung cancer each year; and
WHEREAS, radon gas enters homes through basements, cracks, uncovered holes, and crawl spaces or out of ground water; and
WHEREAS, the National Research Council reports that the risk of cancer from radon gas is ten times greater for smokers; and
WHEREAS, the Centers for Disease Control estimate that as many as 12 million homes in this country may have levels of radon which should prompt homeowners to improve ventilation, seal foundation cracks and fissures, or take other steps to reduce levels of such gas; and
WHEREAS, according to state environmental officials, radioactive radon gas exceeds recommended safe levels in 15 percent of the houses tested in Georgia; and
WHEREAS, the General Assembly should investigate and study the problems and dangers associated with radon gas and, if feasible, pass legislation or take other measures to develop a state policy to cope with the problem and protect the citizens of Georgia; and
WHEREAS, the House Radon Gas Study Committee which was created at the 1988 session should be recreated in order to continue its study of the problems associated with radon.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Radon Gas Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Speaker shall designate a member of the committee as chairman of the committee. The chairman shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than ten days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1989, on which date the committee shall stand abolished.

The following amendment was read and adopted:

The Committee on Rules moves to amend HR 113 by striking the word "ten" on Line 24, Page 2, and adding in lieu thereof the word "five."

WEDNESDAY, MARCH 8, 1989

2029

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

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 report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 91, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

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.

The report 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.

HR 313. By Representative Parham of the 105th:
A resolution creating the House Certificate of Need for Traumatic Brain Injury Facilities Study Committee.

The following amendments were read and adopted:

The Committee on Rules moves to amend HR 313 by striking the word "ten" on Line 12, Page 2, and adding in lieu thereof the word "five."

Representative Parham of the 105th moves to amend HR 313 as follows: On Page 2 Line 12 strike ten days and add five days.

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 ayes were 105, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

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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 365 Do Pass HR 410 Do Pass HR 408 Do Pass, by Substitute
Respectfully submitted, M Lee of the 72nd
Chairman

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

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; and for other purposes.
WHEREAS, the State of Georgia is geographically the largest state east of the Mississippi River and its major metropolitan areas are widespread; and
WHEREAS, there exists within this state a network of rail lines which, with sufficient upgrade, is capable of sustaining a state-of-the-art rapid rail passenger service; and
WHEREAS, the State of Florida has authorized the franchise of such a rapid rail passenger service to private entities in that state; and
WHEREAS, this state would benefit greatly by the existence of a rapid rail passenger service linking the various parts of this state and possibly linking with a similar service in Florida to provide a regional service; and
WHEREAS, the General Assembly has recognized the importance of rail service through its creation in 1985 of the Georgia Rail Passenger Authority.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Rapid Rail Passenger Service Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Speaker shall designate a member of the committee as chairman of the committee. The chairman shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto, especially the feasibility of authorizing a franchise of a modern rapid rail passenger service throughout this state, and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative

WEDNESDAY, MARCH 8, 1989

2031

members of interim legislative committees but shall receive the same for not more than ten days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 1989. The committee shall stand abolished on December 31, 1989.

The following amendment was read and adopted:

The Committee on Rules moves to amend HR 280 by striking the word "ten" on Line 19, Page 2, and adding in lieu thereof the word "five."

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 101, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 349. By Representatives Royal of the 144th, Greene of the 130th, Reaves of the 147th, Balkcom of the 140th, Holland of the 136th and others:
A resolution relative to a long-term capital gains tax differential for the owners of timberland.

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 115, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

The Speaker assumed the Chair.

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

HB 990. By Representatives Atkins of the 21st, Howren of the 20th, Aiken of the 21st, Vaughan of the 20th, Gresham of the 21st and others:
A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, so as to change the compensation of said judge.

The following Senate amendment was read:

Amend HB 990 by striking from line 18 on page 1 the figure "$55,800.00" and inserting in lieu thereof the figure "$57,380.00".

Representative Atkins of the 21st moved that the House agree to the Senate amendment to HB 990.
On the motion the ayes were 111, nays 0.
The motion prevailed.

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

Mr. Speaker: The Senate has disagreed to the House amendment to the following Bill of the Senate:

SB 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.

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

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 President has appointed on the part of the Senate the following: Senators Coleman of the 1st, Dean of the 31st and Huggins of the 53rd.

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

WEDNESDAY, MARCH 8, 1989

2033

AFTERNOON SESSION

The Speaker called the House to order.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendment No. 1 and agrees to House amendment No. 2 as amended by the Senate on the following Bill of the Senate:
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.
The Senate has disagreed to the House substitute to the following Bill 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.
The following Resolutions of the House were read and adopted:
HR 433. By Representatives Davis of the 72nd, Bailey of the 72nd, Benefield of the 72nd, Holcomb of the 72nd, Lee of the 72nd and others:
A resolution relative to the William B. Hartsfield Atlanta International Airport.
HR 434. By Representative Holland of the 136th:
A resolution commending Miss Frances Louise Wallis.
HR 435. By Representatives Redding of the 50th, McKinney of the 35th, Harris of the 84th, Stephens of the 68th, Brooks of the 34th and others:
A resolution commending the House of Representatives' employees of the Legislative Office Building.
HR 436. By Representative Thomas of the 69th:
A resolution commending the Temple High School Tigers basketball team from Temple, Georgia.

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HR 437. By Representatives Colwell of the 4th, Twiggs of the 4th, Reaves of the 147th, Crosby of the 150th, McDonald of the 12th and others: A resolution commending Mr. Gene Greiling of Greiling Farms, Inc.
HR 438. By Representative Carter of the 146th: A resolution commending Berrien County's 1989 STAR student, Vie Correll, and his STAR teacher, Wanda Vickers.
HR 439. By Representative Carter of the 146th: A resolution commending Cook County's 1989 STAR student, Brad Folsom, and his STAR teacher, James Draydowski.
HR 440. By Representative Redding of the 50th: A resolution recognizing Mr. Gregory Claude Stewart.
HR 441. By Representative Adams of the 79th: A resolution commending DeVony Caldwell.
HR 442. By Representatives Adams of the 79th and Yates of the 75th: A resolution commending the Pike County Journal and Reporter.
HR 443. By Representative Adams of the 79th: A resolution commending Mr. Frank Binford and the Boy Scouts of Thomaston, Georgia.
HR 444. By Representative Adams of the 79th: A resolution commending The Upson Home Journal.

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 Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 176 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 and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

WEDNESDAY, MARCH 8, 1989

2035

HB 1068 Do Pass, by Substitute HR 396 Do Pass SB 340 Do Pass, by Substitute

Respectfully submitted, M Lane of the 27th
Chairman

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

HB 1068.

By Representatives Barnett of the 59th, Bannister of the 62nd, Breedlove of the 60th, Wall of the 61st, Lawson of the 9th and others:
A bill to repeal an Act providing that the governing authority of Gwinnett County shall determine and establish the total annual compensation to be paid to the judge of the probate court, the clerk of the superior court, the sheriff, and the tax commissioner of Gwinnett County.

The following Committee substitute was read and adopted:

A BILL
To amend an Act placing certain officers of Gwinnett County on an annual salary, approved February 23, 1956 (Ga. L. 1956, p. 2535), as amended, so as to change the provisions relating to the compensation of the sheriff, the clerk of the superior court, the judge of the probate court, and the tax commissioner; 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 placing certain officers of Gwinnett County on an annual salary, approved February 23, 1956 (Ga. L. 1956, p. 2535), as amended, is amended by striking subsections (a), (b), and (c) of Section 2 and inserting in their place new subsections (a), (b), and (c), respectively, to read as follows:
"(a) The sheriff of Gwinnett County shall be paid an annual salary for services performed as sheriff in an amount equal to 75 percent of the annual salary of a judge of Superior Court of the Gwinnett Judicial Circuit plus 75 percent of the annual supplement paid to such judge by the governing authority of Gwinnett County. Such annual salary shall be paid in equal monthly installments from the funds of Gwinnett County. In addition to such annual salary, the sheriff shall be paid an additional salary equal to the amount provided for by general law for the performance of additional duties or services to which such officer would be entitled if such officer was compensated pursuant to the general law regarding minimum salary for such officer and if such officer continues to perform the additional duties or services specified in such general law.
(b) The clerk of the Superior Court of Gwinnett County shall be paid an annual salary for services performed as clerk of the superior court in an amount equal to 75 percent of the annual salary of a judge of Superior Court of the Gwinnett Judicial Circuit plus 75 percent of the annual supplement paid to such judge by the governing authority of Gwinnett County. Such annual salary shall be payable in equal monthly installments from the funds of Gwinnett County. In addition to such annual salary, the clerk of the superior court shall be paid an additional salary equal to the amount provided for by general law for the performance of additional duties or services to which such officer would be entitled if such officer was compensated pursuant to the general law regarding minimum salary for such officer and if such officer continues to perform the additional duties or services specified in such general law.
(c) The judge of the Probate Court of Gwinnett County shall be paid an annual salary for services performed as judge of the probate court in an amount equal to 75

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percent of the annual salary of a judge of Superior Court of the Gwinnett Judicial Circuit plus 75 percent of the annual supplement paid to such judge by the governing authority of Gwinnett County. Such annual salary shall be payable in equal monthly installments from the funds of Gwinnett County. In addition to such annual salary, the judge of the probate court shall be paid an additional salary equal to the amount provided for by general law for the performance of additional duties or services to which such officer would be entitled if such officer was compensated pursuant to the general law regarding minimum salary for such officer and if such officer continues to perform the additional duties or services specified in such general law."
Section 2. Said Act is further amended by striking Section 4 and inserting in its place a new Section 4 to read as follows:
"Section 4. (a) The tax commissioner of Gwinnett County shall be paid an annual salary for services performed as tax commissioner in an amount equal to 75 percent of the annual salary of a judge of Superior Court of the Gwinnett Judicial Circuit plus 75 percent of the annual supplement paid to such judge by the governing authority of Gwinnett County. Such annual salary shall be payable in equal monthly installments from the funds of Gwinnett County. In addition to such annual salary, the tax commissioner shall be paid an additional salary equal to the amount provided for by general law for the performance of additional duties or services to which such officer would be entitled if such officer was compensated pursuant to the general law regarding minimum salary for such officer and if such officer continues to perform the additional duties or services specified in such general law.
(b) All fees, commissions, costs, or any other perquisites collected by the tax commissioner shall be the property of Gwinnett County and shall be turned over to the fiscal authority of said county with a detailed, itemized statement of the services for which such fees were collected."
Section 3. The provisions of this Act shall supersede and govern over any conflicting provisions of any other local Act relating to the sheriff, the clerk of the superior court, the judge of the probate court, or the tax commissioner of Gwinnett County.
Section 4. This Act shall become effective on July 1, 1989.
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 91, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HR 396. By Representatives Ehrhart of the 20th, Vaughan of the 20th, Clark of the 20th, Aiken of the 21st, Gresham of the 21st and others

A RESOLUTION
Creating the Joint Method of Appointment of Members of the Hospital Authority of Cobb County Study Committee; and for other purposes.
WHEREAS, the Hospital Authority of Cobb County consists of nine members appointed by the governing body of Cobb County; and
WHEREAS, a systematic study of various proposals for the method of appointment of the members of the hospital authority would be of invaluable assistance to the members of the Cobb County Delegation in their consideration of these proposals.

WEDNESDAY, MARCH 8, 1989

2037

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the Joint Method of Appointment of Members of the Hospital Authority of Cobb County Study Committee, hereafter referred to as the study committee, is created to consist of four members as follows:
(1) Two members of the Senate from Cobb County appointed by a majority vote of the Senate members from the Cobb County Delegation; and
(2) Two members of the House of Representatives from Cobb County appointed by the chairman of the Cobb County Delegation, one of whom shall be the Representative from District 20, Post 5.
Section 2. That all appointments of the members of the study committee shall be completed by June 1, 1989. Upon completion of the appointments, the study committee shall contact the Hospital Authority of Cobb County and arrange to meet with the authority for not more than a total of three days, such dates to be agreed upon by both the study committee and the hospital authority. The members of the study committee shall serve without compensation and may not be reimbursed from public funds for expenses incurred by them in carrying out their duties as members of the study committee.
Section 3. That the study committee shall: (1) Review and study the method of appointment of the members of the Hospital Authority of Cobb County; (2) Review and study the amount of funds received by the Hospital Authority of Cobb County from the county and the state; and (3) Review and study the function of the hospital authority and the various services that the county hospital provides and offers to the community so that the delegation may better understand these functions and services.
Section 4. That the study committee shall complete its study and submit its recommendations by January 1, 1990, to the members of the Cobb County Delegation. The study committee shall stand abolished on January 1, 1990.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 91, nays 2.
The Resolution, having received the requisite constitutional majority, was adopted.

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.

The following Committee substitute was read and adopted:

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, as

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defined by the laws of Georgia; to confer upon it certain powers, duties, and jurisdiction; to state its purpose and authorizations; to authorize such commission to contract and to acquire, purchase, lease, receive, hold, possess, use, and enjoy real and personal property of every kind and character and to have and use a seal and alter the same at its pleasure and to enter into agreements with any municipality, county, political subdivision, body politic, the State of Georgia, or the United States of America and all of their respective agencies, entities, or instrumentalities, in the exercise of its duties, powers, and functions; to provide for the membership and the appointment of members of the commission; to provide that no debt or obligation of the City of Marietta or the County of Cobb shall be incurred in the exercise of any of the powers granted by this Act; to provide the term or period of time that such commission shall exist and to provide for the termination or dissolution of such commission; to provide for severability; to repeal conflicting laws; and for other purposes.

WHEREAS, it is desirable and in the public interest that actions be initiated and implemented to control or deter, with the ultimate objective of eliminating, the unlawful use and possession of dangerous drugs and controlled substances in the City of Marietta and in Cobb County; that educational programs to inform and warn the public of the harmful effects and dangers of such drugs and substances be implemented with due deliberate speed; that appropriate actions be taken to investigate the widespread use and possession of such drugs and substances; that full support of strict enforcement of the pertinent criminal laws be given and that offenders receive just and adequate punishment or be removed from society; that such inquiries and investigations be made and such affirmative actions be taken and done to promote and effect the purpose and intent of this Act.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Short title. This Act may be cited as the "Marietta-Cobb County AntiDrug Commission Act."

Section 2. Anti-Drug Commission. There is created a body corporate and politic, to be known as the "Marietta-Cobb County Anti-Drug Commission," which shall be deemed to be a public corporation and by such name, style, and title, may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity; provided, however, that the commission shall have and enjoy any and all immunities as are now or hereafter granted to it or authorized by the Constitution
and laws of this state.

Section 3. Term of existence or duration. The commission shall have existence for and during a term of five years, beginning on July 1, 1989, and terminating on June 30, 1994, at which time such commission shall be dissolved and shall thereafter be nonexistent.

Section 4. Composition, (a) The commission shall be composed of 32 members, to fill the 32 respective posts, as follows:

Post

Members

1. The mayor of the City of Marietta; 2. The chairman of the board of commissioners of Cobb County; 3. The mayor of the City of Austell; 4. The mayor of the City of Smyrna; 5. The mayor of the City of Acworth; 6. The mayor of the City of Kennesaw; 7. The mayor of the City of Powder Springs; 8. The chairman of the South Cobb Development Authority; 9. The sheriff of Cobb County; 10. The chief of police of the City of Marietta; 11. The Public Safety Director of Cobb County;

WEDNESDAY, MARCH 8, 1989

2039

12. The superintendent of the Cobb County School System; 13. The superintendent of the Marietta City School System; 14. The chairman of the Board of Health of Cobb County; 15. The district attorney of the Cobb Judicial Circuit or any successor judicial circuit
that embraces or includes the Superior Court of Cobb County; 16. The president of the Cobb County Medical Association; 17. The president of the Cobb County Pharmacy Association; 18. The president of the Cobb County Chamber of Commerce; 19-20. One member shall be appointed to each of these two posts by the governing author-
ity of the City of Marietta for such term of office as such commission may desire during the five-year period of existence of such commission; 21-22. One member shall be appointed to each of these two posts by the governing authority of the County of Cobb for such term of office as such commission may desire during the five-year period of such commission; 23-26. Two members who shall represent the western portion of Cobb County shall be appointed to two of these four posts and two members who shall represent the eastern portion of Cobb County shall be appointed to two of these four posts by a majority vote of the members of the General Assembly whose districts lie wholly or partially within Cobb County; and 27-32. Three members of the Senate whose districts lie wholly or partially within Cobb County and three members of the House of Representatives whose districts lie wholly or partially within Cobb County shall be appointed to these posts by a majority vote of the members of the General Assembly whose districts lie wholly or partially within Cobb County. (b) Each of the officers in Posts 1 through 18 and in Posts 27 through 32 shall serve as a member of such commission only during his or her respective term of office and each shall be succeeded as a member of such commission by his or her respective successor in office during the five-year term of existence of said commission, with the right and privilege of any such officer, should he or she deem it inappropriate for any reason or cause to serve on such commission, to designate a member to serve in his or her place on said commission.
Section 5. Vacancies, (a) Any vacancy in the above-designated Post 19 or 20 occurring by the death, resignation, or otherwise of such member shall be filled for the unexpired term of the member whose seat has been vacated by a person appointed by the governing authority of the City of Marietta.
(b) Any vacancy in the above-designated Post 21 or 22 occurring by the death, resignation, or otherwise of such member shall be filled for the unexpired term of the member whose seat has been vacated by a person appointed by the governing authority of the County of Cobb.
(c) Any vacancy in the above-designated Post 23, 24, 25, or 26 occurring by the death, resignation, or otherwise of such member shall be filled for the unexpired term of the member whose seat has been vacated by a person appointed by a majority vote of the members of the General Assembly whose districts lie wholly or partially within Cobb County.
(d) If any of the above-designated offices of members of Posts 1 through 18 and Posts 27 through 32 should become vacant or be discontinued or become nonexistent for any cause or reason whatever, the Grand Jury of the Superior Court of Cobb County shall appoint a person to fill such vacancy.
Section 6. Officers. Annually, the commission shall elect one of its members to serve
as chairman of the commission and another of its members to serve as vice chairman of
the commission. The board may also elect a clerk or secretary of such commission, who need not be a member of the commission and who shall serve at the will of the commis-
sion. The commission may designate, appoint, or employ such other officers, agents, and employees as the commission may deem proper. The chairman shall preside at all meetings
of the commission and shall serve as its chief executive officer. For and during the absence, disqualification, or disability of the chairman, the vice chairman shall serve as

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chairman. If the chairman's seat is vacated, the vice chairman shall assume the duties of the chairman until such time as the chairman's vacancy is filled by the election of another by the commission. If the vice chairman's seat is vacated, the commission shall elect another of its members to fill such vacancy for the unexpired term of office.
Section 7. Meetings. The commission shall hold at least one regular meeting quarterannually at such time and place as the commission may from time to time designate. The time, date, and place of any such regular meeting may be changed as the members of the commission may deem meet and proper. The commission may hold such other regular, special, or additional meetings as it may deem necessary or proper. No notice shall be required to be given for any regular meeting, being any meeting designated to be held regularly by resolution of the members of the commission, such as quarter-annual, bimonthly, monthly, semimonthly, or weekly meetings or other such meetings held at regular periodic intervals. The commission is authorized to provide for the holding of special meetings, to provide for the time, place, and manner of holding and calling special meetings, and to provide for giving notice and waiver of notice of the time, place, and purpose of such meetings, all as the members of said commission, in their sole discretion, shall deem proper. A majority of the members then serving on the commission shall constitute a quorum for the transaction of business. In the absence of a quorum, a majority of the members of the commission present at any meeting may adjourn the meeting from time to time until a quorum can be obtained. Notice of any adjourned meeting need only be given by announcement at the meeting at which the adjournment is taken. All resolutions adopted and all business transacted by the commission shall require the affirmative vote of a majority of the members present at the meeting. From time to time, the members of the commission may fix an agenda for any meeting or meetings and may adopt such rules of order which they shall deem appropriate which shall govern the conduct and procedure of their meetings.
Section 8. Operating budgets. It is anticipated that the primary source of capital to defray the costs and expenses of the commission will be borne jointly by the City of Marietta and the County of Cobb with each such entity contributing an equal amount to the commission for such purpose on or before the first day of July of each of the five years of the existence of the commission and beginning on July 1, 1989. The commission shall make a written request to the City of Marietta and the County of Cobb for operating funds pursuant to an operating budget made by the commission. The first such request for funds shall be submitted to the respective governing authorities of the City of Marietta and the County of Cobb on or before April 15, 1989, and each of the four succeeding annual requests shall be submitted on or before April 1 of each of the next four years. The amount of each such contribution shall be entirely discretionary with the City of Marietta and the County of Cobb. In addition to any such annual contribution, both the City of Marietta and the County of Cobb are authorized to make such additional contributions to the commission as each such entity may deem appropriate, solely within the sound discretion of such entity making the contribution.
Section 9. Compensation. From funds granted to or acquired by the commission, the members of the commission shall fix and determine the amount of, and the time and manner of paying, compensation to its members, officers, agents, and employees, all within their sound discretion.
Section 10. Purpose and authorizations. Said commission is created for the purpose of taking all such actions and doing all such things, as it shall deem meet and proper, to deter and control, with the intent to ultimately eliminate, the unlawful use, consumption, possession, sale, transfer, delivery, dispensing, handling, trafficking, manufacturing, and growing of dangerous drugs or controlled substances, as defined by the laws of Georgia and said commission is authorized:
(1) To work and cooperate with, and to seek the cooperation of, the City of Marietta and all other municipalities of the State of Georgia; the County of Cobb and all other counties or political subdivisions of the State of Georgia; the State of Georgia, including each of its departments, agencies, entities, or instrumentalities; and

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2041

the United States of America, including each of its departments, agencies, entities, or instrumentalities, in the furtherance of the purpose of the commission;
(2) To prepare, publish, and disseminate information in support of its purpose; (3) To serve as the community clearing-house for information and research relative to dangerous drugs and controlled substances; (4) To expend, use, and disburse its funds and properties, pursuant to its powers and authorizations provided in this Act, to accomplish the above-stated purpose of the existence of such commission; (5) To provide programs such as drug prevention programs, drug treatment programs, and such other programs that it may deem meet and proper in the fulfillment of its purpose and objectives; and (6) To do any and all other things necessary and proper to enable it to perform wholly and adequately its duties and to exercise the authorizations granted to it.
Section 11. Additional powers. The commission shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, or otherwise and to hold, lease, and dispose
of real and personal property of every kind and character for its corporate purposes; (3) To enter into agreements with the City of Marietta, with the County of Cobb,
or with any other political subdivision or municipal corporation of the state in the exercise of its charge;
(4) To receive and accept gifts and grants of money and property from the private or public sectors of our society and to expend, use, or disburse all such money and property granted only in the course of business of the commission or for other public purposes;
(5) To make contracts, leases, and conveyances and to execute all instruments necessary or convenient for the purpose of exercising its powers and performing its duties and functions as provided for in this Act;
(6) To make loans with, and accept grants of loans of money or property of any kind from, the United States of America, or any agency or instrumentality thereof; the State of Georgia, or any agency or instrumentality thereof; the City of Marietta, the County of Cobb, or any other municipality or political subdivision of the State of Georgia; upon such terms and conditions as such governmental entity, agency, municipality, county, or political subdivision may require or impose;
(7) To borrow money for any of its corporate purposes and to provide for the payment of the same and for the rights of the holders of such promissory notes evidencing such indebtedness;
(8) To exercise any power granted by the laws of the State of Georgia to private corporations which is not in conflict with the purposes of the commission; and
(9) To do all things necessary or convenient to execute and carry out the powers expressly given and provided in this Act.
Section 12. Tax-exempt status of the commission. The properties of the commission, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the State of Georgia, and not for purposes of private benefit and income, and all such properties of the commission shall be exempt from all taxes and special assessments of any city, county, or the state, or any political subdivision thereof.
Section 13. Rules and regulations. It shall be the duty of the commission to prescribe rules and regulations for the operation of the commission and the conduct of its business and for the operation of any project sponsored by the commission.
Section 14. Obligations of the commission. No debt or obligation whatsoever incurred by the commission shall be construed to be a debt or obligation of either the City of Marietta or the County of Cobb.
Section 15. Venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against the commission may be brought

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in the State Court of Cobb County or the Superior Court of Cobb County, and such courts shall have the exclusive, original jurisdiction of any such actions.
Section 16. Powers declared supplemental and additional. The foregoing provisions of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized and shall be regarded as supplemental and additional to the powers conferred by other laws and shall not be regarded as in derogation of any powers now existing.
Section 17. Liberal construction of this Act. This Act, being for the welfare of various municipal corporations or a political subdivision of the state and its inhabitants, shall be liberally construed to effect the purposes stated by this Act.
Section 18. Effect of partial invalidity of Act. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.
Section 19. Specific repealer. This Act does not in any way take from the State of Georgia, or any department, agency, or instrumentality thereof, the City of Marietta or Cobb County, or any other municipal corporation or political subdivision of this state, any right, authority, or power held by any such public entity or body politic.
Section 20. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 21. General repealer. All laws and parts of law in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 91, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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

SB 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.

Representative Groover of the 99th moved that the House insist on its position in substituting SB 30.
The motion prevailed.

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

WEDNESDAY, MARCH 8, 1989

2043

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 Senate substitute was read:

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 follows:
"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. Furthermore, nothing contained within this Code section shall prevent the parties from entering into an enforceable agreement to the contrary, which may be made the order of the court pursuant to the review by the court of child support amounts contained in this Code section,
(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.

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(4) Allowable expenses deducted to calculate self-employment income that personally 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) 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

!_

17 percent to 23 gercent

2

23 percent to 28 j

3

25 percent to 32

4

29 percent to 35 ;

5 or more

31 percent to 37

These guidelines are intended by the General Assembly to be guidelines only and

any court so applying these guidelines shall not abrogate its responsibility in making

the final determination of child support based on the evidence presented to it at the

time of trial.

(c) The trier of fact may vary the final award of child support, up or down, outside

the range enumerated in paragraph (5) 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 which shall be construed as gross income of over $75,000.00

per annum);

(12) Historical spending in the family for children which varies significantly from

the percentage table;

(13) Considerations of the economic cost of living factors of the obligor's com-

munity, as determined by the trier of fact; and

(14) In-kind contribution of either parent.

(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

after. Nothing contained in such report shall be considered to authorize or r

change in the guidelines without action by the General Assembly having the force and

effect of law. The commission shall also submit a report to the House Judiciary Commit-

tee and Senate Special Judiciary Committee during the 1991 regular session of the Gen-

eral Assembly. This report shall provide information which will allow these committees

to review the effectiveness of the guidelines and, if necessary, revise these guidelines.

(e) The trier of fact shall consider the income of the custodial parent in arriving at

a final award of child support."

WEDNESDAY, MARCH 8, 1989

2045

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 title, relating to alimony and child support generally, three new Code sections, to be designated 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 proceedings 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. (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 proceed-
ing 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, and upon the entry of a judgment establishing, enforcing, 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

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(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 payers 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 (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 payors 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:

WEDNESDAY, MARCH 8, 1989

2047

(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 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 payors. 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 sup-
port 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 willfully 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;

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(5) Provide that the payor may collect up to $25.00 against the obligor's income to reimburse the payor for administrative costs for the first income deduction and up to $5.00 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 obligor, 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 willfully 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 payor may discharge an obligor by reason of the fact that income has been subjected to an income deduction order under Code Section 19-6-32 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, 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.

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2049

(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 payor shall discharge an obligor by reason of the fact that income has been subjected to an income deduction order under Code Section 19-6-32. A payor 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 willfully 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:
"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 19-6-15.
(b) The department shall implement a process for the periodic review and adjustment of IV-D child support agency 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.

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(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 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 $25.00 against the obligor's income to reimburse the employer or payor for administrative costs for the first income deduction and up to $5.00 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-

WEDNESDAY, MARCH 8, 1989

2051

ing with the district attorneys."
Section 8. All laws and parts of laws in conflict with this Act are repealed.
Representative Thomas of the 69th moved that the House disagree to the Senate substitute to HB 139.
The motion prevailed.
The following Resolution of the House was read and adopted:
HR 445. By Representatives Hudson of the 117th, Porter of the 119th, Royal of the 144th and Coleman of the 118th:
A resolution urging the Board of Regents of the University System of Georgia to convert Middle Georgia College into a four-year college.
Under the general order of business, established by the Committee on Rules, the following Resolution of the Senate was taken up for consideration and read the third time:
SR 128. By Senators Edge of the 28th, Baldwin of the 29th and Dean of the 31st
A RESOLUTION
Creating the Joint West Point Lake Study Committee; and for other purposes.
WHEREAS, West Point Lake provides unique recreational resources for the State of Georgia; and
WHEREAS, the lake is heavily used by fishermen and boating enthusiasts; and
WHEREAS, to ensure the continued viability of West Point Lake, every effort should be taken to ensure the water quality within the lake; and
WHEREAS, pollution threatens the viability of the lake and the aquatic life therein; and
WHEREAS, a study of the conditions existing in the lake should be undertaken to determine whether any actions need to be taken.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint West Point Lake Study Committee to be composed of three members of the House of Representatives to be appointed by the Speaker of the House of Representatives and three members of the Senate to be appointed by the President of the Senate. The President of the Senate shall designate a member of the committee to serve as chairman of the committee. The chairman shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than ten days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. In the event the

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committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 1989. The committee shall stand abolished on December 31, 1989.

The following amendment was read and adopted:

The House Rules Committee moves to amend Senate Resolution 128 by striking the word "ten" on Line 12, Page 2, and adding in lieu thereof the word "five."

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 99, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

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

HB 959. By Representatives Stephens of the 68th, Thurmond of the 67th, Clark of the 13th and Irwin of the 13th:
A bill to provide for the Athens-Clarke 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 encourage the treatment of persons for alcohol and substance abuse.

The following Senate substitute was read:

A BILL
To provide for the Athens-Clarke 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 encourage the treatment of persons for alcohol and substance abuse and to deter and control, with the intent to ultimately eliminate, the unlawful use, consumption, possession, sale, transfer, delivery, dispensing, handling, trafficking, manufacturing, and growing of dangerous drugs or controlled substances, as defined by the laws of Georgia; to confer upon it certain powers, duties, and jurisdiction; to state its purpose and authorizations; to authorize such commission to contract and to acquire, purchase, lease, receive, hold, possess, use, and enjoy real and personal property of every kind and character and to have and use a seal and alter the same at its pleasure and to enter into agreements with any municipality, county, political subdivision, body politic, the State of Georgia, or the United States of America and all of their respective agencies, entities, or instrumentalities, in the exercise of its duties, powers, and functions; to provide for the membership and the appointment of members of the commission; to provide that no debt or obligation of the City of Athens or the County of Clarke shall be incurred in the exercise of any of the powers granted by this Act; to provide the term or period of time that such commission shall exist and to provide for the termination or dissolution of such commission; to provide for severability; to repeal conflicting laws; and for other purposes.
WHEREAS, it is desirable and in the public interest that actions be initiated and implemented to encourage the treatment of persons for alcohol and substance abuse and to control or deter, with the ultimate objective of eliminating, the unlawful use and possession of dangerous drugs and controlled substances in the City of Athens and in Clarke County; that educational programs to inform and warn the public of the harmful effects and dangers of such drugs and substances be implemented with due deliberate speed; that

WEDNESDAY, MARCH 8, 1989

2053

appropriate actions be taken to investigate the widespread use and possession of such drugs and substances; that full support of strict enforcement of the pertinent criminal laws be given and that offenders receive just and adequate punishment or be removed from society; that such inquiries and investigations be made and such affirmative actions be taken and done to promote and effect the purpose and intent of this Act.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Short title. This Act may be cited as the "Athens-Clarke County AntiDrug Commission Act."

Section 2. Anti-Drug Commission. There is created a body corporate and politic, to be known as the "Athens-Clarke County Anti-Drug Commission," which shall be deemed to be a public corporation and by such name, style, and title, may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity. The commission, its officers, and members shall be subject to and possess the immunity from civil liability granted to members and officers of charitable or nonprofit institutions or organizations by Code Section 51-1-20.

Section 3. Term of existence or duration. The commission shall have the existence hereunder for and during a term of five years, beginning on January 1, 1990, and terminating on December 31, 1994, at which time such commission shall be dissolved and shall thereafter be nonexistent.

Section 4. Composition, (a) The commission shall be composed of 19 members, to fill the 19 respective posts, as follows:

Post

Members

1. The mayor of the City of Athens; 2. The director of public safety at the University of Georgia; 3. The solicitor general of Clarke County; 4. The sheriff of Clarke County; 5. The chief of police of the City of Athens; 6. The chief of police of Clarke County; 7. The superintendent of the Clarke County School System; 8. The chairman of the Board of Health of Clarke County; 9. The director of Clarke-Oconee-Oglethorpe Mental Health and Substance Abuse
Clinic; 10. The district attorney of the Western Judicial Circuit or any successor judicial cir-
cuit that embraces or includes the Superior Court of Clarke County; 11. The Athens Post Commander of the Georgia State Patrol; 12. The president of the Athens Area Chamber of Commerce; 13. The medical director of the commencement center of Athens Regional Medical
Center; 14. The medical director of Charter Winds Hospital; 15. The president of the Athens-Clarke County Chapter of the Chemical People, a non-
profit drug prevention organization; 16. The principal of Clarke Central High School; 17. The principal of Cedar Shoals High School; 18. The director of student support services of the Clarke County School District; and 19. The head football coach at the University of Georgia.
(b) Each of the members of such commission shall serve only during his or her respective term of office and each shall be succeeded as a member of such commission by his or her respective successor in office during the five-year term of existence of said commission, with the right and privilege of any such officer, should he or she deem it inappropriate for any reason or cause to serve on such commission, to designate a member to serve in his or her place on said commission.
(c) The five members of the General Assembly representing Clarke County shall serve as ex officio nonvoting members of the commission.

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(d) The commission is authorized to appoint citizens to serve in an advisory capacity to the commission in furtherance of its purposes and to ensure adequate representation of racial, ethnic, and economic groups within the community.
Section 5. Vacancies. If any of the above-designated offices of members of the commission should become vacant or be discontinued or become nonexistent for any cause or reason whatever, the Grand Jury of the Superior Court of Clarke County shall appoint a person to fill such vacancy.
Section 6. Officers. Annually, the commission shall elect one of its members to serve as chairman of the commission and another of its members to serve as vice chairman of the commission. The board may also elect a clerk or secretary of such commission, who need not be a member of the commission and who shall serve at the will of the commission. The commission may designate, appoint, or employ such other officers, agents, and employees as the commission may deem proper. The chairman shall preside at all meetings of the commission and shall serve as its chief executive officer. For and during the absence, disqualification, or disability of the chairman, the vice chairman shall serve as chairman. If the chairman's seat is vacated, the vice chairman shall assume the duties of the chairman until such time as the chairman's vacancy is filled by the election of another by the commission. If the vice chairman's seat is vacated, the commission shall elect another of its members to fill such vacancy for the unexpired term of office.
Section 7. Meetings. The commission shall hold at least one regular meeting quarter-annually at such time and place as the commission may from time to time designate. The time, date, and place of any such regular meeting may be changed by the members of the commission. The commission may hold such other regular, special, or additional meetings as it may deem necessary or proper. No notice shall be required to be given for any regular meeting, being any meeting designated to be held regularly by resolution of the members of the commission, such as quarter-annual, bimonthly, monthly, semimonthly, or weekly meetings or other such meetings held at regular periodic intervals. The commission is authorized to provide for the holding of special meetings, to provide for the time, place, and manner of holding and calling special meetings, and to provide for giving notice and waiver of notice of the time, place, and purpose of such meetings, all as the members of said commission, in their sole discretion, shall deem proper. A majority of the members then serving on the commission shall constitute a quorum for the transaction of business. In the absence of a quorum, a majority of the members of the commission present at any meeting may adjourn the meeting from time to time until a quorum can be obtained. Notice of any adjourned meeting need only be given by announcement at the meeting at which the adjournment is taken. All resolutions adopted and all business transacted by the commission shall require the affirmative vote of a majority of the members present at the meeting. From time to time, the members of the commission may fix an agenda for any meeting or meetings and may adopt such rules of order which they shall deem appropriate which shall govern the conduct and procedure of their meetings.
Section 8. Operating budgets. The commission shall explore every effort to secure funds sufficient to support its operating expenses from federal departments and agencies as funds become available for grants to community based anti-drug programs. It is anticipated that the primary source of capital to defray the costs and expenses of the commission will be borne jointly by the City of Athens and the County of Clarke with each such entity contributing an equal amount to the commission. Beginning on January 1, 1990, the commission shall be authorized to receive and expend funds for its operating expenses during the initial year of existence from local law enforcement agencies in addition to the funds made available from the City of Athens and the County of Clarke. The commission shall make a written request to the City of Athens and the County of Clarke for operating funds pursuant to an operating budget made by the commission. The first such request for funds for the remainder of fiscal year 1990 shall be submitted to the respective governing authorities of the City of Athens and the County of Clarke on or before July 1, 1990. The commission shall submit its budget request for fiscal year 1991 on or before

WEDNESDAY, MARCH 8, 1989

2055

November 1, 1990, and annual budget requests for each of the three succeeding fiscal years shall be submitted on or before April 1 of each year. The amount of each such contribution shall be entirely discretionary with the City of Athens and the County of Clarke. In addition to any such annual contribution, both the City of Athens and the County of Clarke are authorized to make such additional contributions to the commission as each such entity may deem appropriate, solely within the sound discretion of such entity making the contribution.
Section 9. Compensation. From funds granted to or acquired by the commission, the members of the commission may fix and determine the amount of, and the time and manner of paying any compensation to its members, officers, agents, and employees, all within their sound discretion.
Section 10. Purpose and authorizations. The commission is created for the purpose of taking all such actions and doing all such things, as it shall deem proper, to encourage treatment of persons for alcohol and substance abuse and to deter and control, with the intent to ultimately eliminate, the unlawful use, consumption, possession, sale, transfer, delivery, dispensing, handling, trafficking, manufacturing, and growing of dangerous drugs or controlled substances, as defined by the laws of Georgia and is authorized:
(1) To work and cooperate with, and to seek the cooperation of, the City of Athens and all other municipalities of the State of Georgia; the County of Clarke and all other counties or political subdivisions of the State of Georgia; the State of Georgia, including each of its departments, agencies, entities, or instrumentalities; and the United States of America, including each of its departments, agencies, entities, or instrumentalities; in the furtherance of the purpose of the commission;
(2) To prepare, publish, and disseminate information in support of its purpose; (3) To serve as the community clearing-house for information and research relative to dangerous drugs and controlled substances; (4) To expend, use, and disburse its funds and properties, pursuant to its powers and authorizations herein provided, to accomplish the above-stated purpose of the existence of such commission; (5) To provide programs such as drug prevention programs, drug treatment programs, and such other programs that it may deem proper in the fulfillment of its purpose and objectives; and (6) To do any and all other things necessary and proper to enable it to perform wholly and adequately its duties and to exercise the authorizations granted to it. Nothing in this Act shall reduce the resources made available by the governing authority of Clarke County and the City of Athens to support existing law enforcement programs and responsibilities to deter and control the use and abuse of dangerous drugs and controlled substances.
Section 11. Additional powers. The commission shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, or otherwise and to hold, lease, and dispose
of real and personal property of every kind and character for its corporate purposes; (3) To enter into agreements with the City of Athens, with the County of Clarke,
or with any other political subdivision or municipal corporation of the state in the exercise of its charge;
(4) To receive and accept gifts and grants of money and property from the private or public sectors of our society and to expend, use, or disburse all such money and property granted only in the course of business of the commission or for other public purposes;
(5) To make contracts, leases, and conveyances and to execute all instruments necessary or convenient for the purpose of exercising its powers and performing its duties and functions as herein set out;
(6) To make loans with, and accept grants of loans of money or property of any kind from, the United States of America, or any agency or instrumentality thereof; the State of Georgia, or any agency or instrumentality thereof; the City of Athens, the

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County of Clarke, or any other municipality or political subdivision of the State of Georgia; upon such terms and conditions as such governmental entity, agency, municipality, county, or political subdivision may require or impose;
(7) To borrow money for any of its corporate purposes and to provide for the payment of the same and for the rights of the holders of such promissory notes evidencing such indebtedness;
(8) To exercise any power granted by the laws of the State of Georgia to private corporations which is not in conflict with the purposes of the commission; and
(9) To do all things necessary or convenient to execute and carry out the powers expressly given and provided in this Act.
Section 12. Tax-exempt status of the commission. The properties of the commission, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the State of Georgia, and not for purposes of private benefit and income, and all such properties of the commission shall be exempt from all taxes and special assessments of any city, county, or the state, or any political subdivision.
Section 13. Rules and regulations. It shall be the duty of the commission to prescribe rules and regulations for the operation of the commission and the conduct of its business and for the operation of any project sponsored by the commission.
Section 14. Obligations of the commission. No debt or obligation whatsoever incurred by the commission shall be construed to be a debt or obligation of either the City of Athens or the County of Clarke.
Section 15. Venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against the commission may be brought in the State Court of Clarke County or the Superior Court of Clarke County, and such courts shall have the exclusive, original jurisdiction of any such actions.
Section 16. Powers declared supplemental and additional. The foregoing provisions of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to the powers conferred by other laws and shall not be regarded as in derogation of any powers now existing.
Section 17. Liberal construction of this Act. This Act, being for the welfare of various municipal corporations or a political subdivision of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.
Section 18. Effect of partial invalidity of Act. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.
Section 19. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 20. Specific repealer. This Act does not in any way take from the State of Georgia, or any department, agency, or instrumentality thereof, the City of Athens or Clarke County, or any other municipal corporation or political subdivision of this state, any right, authority, or power held by any such public entity or body politic.
Section 21. General repealer. All laws and parts of law in conflict with this Act are repealed.

Representative Stephens of the 68th moved that the House agree to the Senate substitute to HB 959.
On the motion the ayes were 110, nays 0.

WEDNESDAY, MARCH 8, 1989

2057

The motion prevailed.

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 following Senate substitute was read:

A BILL
To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide 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; to provide for an application fee; to provide for an exemption from such fee; to specify certain acts to be misdemeanors; to provide that the Department of Public Safety shall not be required to retain a license which has been suspended, canceled, or revoked; to provide for processing and reinstatement of such licenses; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by inserting at the end thereof a new Article 7 to read as follows:
"ARTICLE 7
40-5-140. As used in this article, the term: (1) 'Disability' means any physical, mental, or neurological impairment which
severely restricts a person's mobility, manual dexterity, or ability to climb stairs; substantial loss of sight or hearing; loss of one or more limbs or use thereof; or significantly diminished reasoning capacity.
(2) 'Handicapped identification card' means an identification card issued as provided in this article.
(3) 'Handicapped person' means any person with a permanent or temporary disability.
(4) 'Permanent disability' means any disability which is permanent in nature or which is expected to continue for a period of at least five years.
(5) 'Temporary disability' means any disability which is expected to continue for at least six months but less than five years. 40-5-141. (a) The Department of Public Safety shall issue personal identification cards to handicapped persons who make application to the department in accordance with rules and regulations prescribed by the Board of Public Safety. The handicapped identification card shall prominently display the international handicapped symbol and, in addition to any other information required by this article, shall contain a recent color photograph of the applicant and the following information:
(1) Full legal name; (2) Address of residence; (3) Birth date; (4) Date identification card was issued; (5) Date identification card expires; (6) Sex; (7) Height;

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(8) Weight; (9) Eye color; (10) Post where the identification card was issued; and (11) Signature of person identified. (b) The handicapped identification card shall bear the signatures of the commissioner of public safety and the Governor and shall bear an identification card number which shall be the same as the applicant's social security number or, in the case of an individual who is not a citizen of the United States, the passport number of the person identified or any number the department deems necessary to implement this Code section. 40-5-142. (a) The handicapped identification card shall be issued to a person with a permanent disability for a period of four years and shall be renewable on the applicant's birthday in the fourth year following such issuance. Such identification cards shall be issued to persons: (1) With obvious permanent disabilities without further verification of disability; and (2) With disabilities which are not obvious upon presentation of the current sworn affidavit of at lease one medical doctor attesting to such permanent disability. A current affidavit shall be presented at each request for renewal. (b) The handicapped identification card shall be issued to a person with a temporary disability upon presentation of a sworn affidavit of at least one medical doctor attesting to such disability and estimating the duration of such disability. Such identification cards shall be issued for periods of six months. A current affidavit of a medical doctor attesting to the continuance of such disability shall be presented at each request for renewal thereafter. 40-5-143. The face of the handicapped identification card shall prominently bear the words 'URGENT MEDICAL INFORMATION ON REVERSE.' On the reverse side of the identification card shall be a space within which the issuer of the card shall enter such medical information as the applicant may request. 40-5-144. The face of the handicapped identification card shall bear the word 'TRANSPORTATION' with a box or blank space adjacent thereto. The issuer of the card shall place an 'X' in such box or blank space if the applicant's handicap creates mobility limitations which prevent him from climbing stairs or otherwise from entering normally designed buses or other vehicles normally used for public transportation. When so marked, the handicapped identification card shall serve as sufficient proof of the need for special handicap transportation services provided by any entity in this state. 40-5-145. The handicapped identification card shall bear the word 'SEATING' with a box or blank space adjacent thereto. The issuer of the card shall place an 'X' in such box or blank space if the applicant's handicap creates mobility or health limitations which prevent him from climbing stairs or steep inclines. When so marked, the handicapped identification card shall be sufficient to admit the holder to handicapped seating at public events in this state. 40-5-146. The Board of Public Safety shall promulgate rules and regulations under which this article shall be implemented.
40-5-147. The department shall require an applicant for a handicapped identification card to furnish a birth certificate or other verifiable evidence stating the applicant's birth date.
40-5-148. (a) The department shall collect a fee of $5.00 for the handicapped identification card, which fee shall be deposited in the state treasury in the same manner as motor vehicle driver's license fees.
(b) The department shall not be authorized to collect a fee for a handicapped identification card from those persons who meet the qualifications for a veteran's driver's license under the provisions of Code Section 40-5-36.
40-5-149. It is a misdemeanor for any person:
(1) To use a false or fictitious name in any application for a handicapped identifi-
cation card or knowingly to make a false statement or conceal a material fact or other-
wise commit a fraud in any such application;

WEDNESDAY, MARCH 8, 1989

2059

(2) To display or cause to be displayed or have in his possession any fictitious or fraudulently altered handicapped identification card;
(3) To lend his handicapped identification card to any other person or knowingly to permit the use thereof by another; and
(4) To display or represent as his own any handicapped identification card not issued to him."
Section 2. Said chapter is further amended by striking Code Section 40-5-61, relating to surrender and return of a license, in its entirety and inserting in lieu thereof a new Code Section 40-5-61 to read as follows:
"40-5-61. (a) The department, upon canceling, suspending, or revoking a license, shall require that such license shall be surrendered to and be retained by the department the department and be processed in accordance with the rules and regulations of the Department of Public Safety.
(b) Any person whose license has been canceled, suspended, or revoked shall immediately return his license to the department.
(c) It shall be unlawful to refuse to deliver upon a legal demand any driver's license which has been canceled, suspended, or revoked.
(d) When the revocation period expires, the department shall return reinstate the license to the driver within 30 days.
(e) For the purpose of making any determination under this Code section relating to the return of revoked or suspended licenses to drivers, no period of revocation or suspension shall begin until the license is surrendered to the department or a court of competent jurisdiction under any provision of this chapter, whichever date shall first occur. If the license is lost, or for any other reason surrender to the department is impossible, the period of revocation or suspension shall begin on the date an affidavit setting forth the reasons for such impossibility is received by the department."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative McDonald of the 12th moved that the House agree to the Senate substitute to HB 601.
On the motion the ayes were 114, nays 0.
The motion prevailed.

HB 972. By Representative Carter of the 146th: A bill to amend an Act establishing a new charter for the Town of Sparks.

The following Senate substitute was read:

A BILL
To amend an Act establishing a new charter for the Town of Sparks, approved December 20, 1899 (Ga. L. 1899, p. 271), 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 establishing a new charter for the Town of Sparks, approved December 20, 1899 (Ga. L. 1899, p. 271), as amended, is amended by adding a new section immediately following Section 4, to be designated Section 4A to read as follows:
"Section 4A. (a) The provisions of this section shall govern over and supersede any other provisions of this charter to the contrary.

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(b) The three councilmen elected in December, 1988, whose terms normally expire on the second Monday of 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, the successors to such two councilmen shall be elected and shall serve for terms of office of two years and until their successors are elected and qualified and shall take office on the first day of January following their election.
(c) The three councilmen elected in December, 1989, whose terms normally expire on the second Monday of January, 1992, shall remain in office only until December 31, 1991. and until their successors are elected and qualified. On the Tuesday next following the first Monday in November of 1991, and biennially thereafter, the successors to such three councilmen shall be elected and shall serve for terms of office of two years and until their successors are elected and qualified and shall take office on the first day of January following their election.
(d) The mayor elected in December, 1988, whose term normally expires on the second Monday in January, 1991, shall remain in office only until December 31, 1990, and until a successor is elected and qualified. On the Tuesday next following the first Monday in November, 1990, and biennially thereafter, the successor to such mayor shall be elected and shall serve for a term of office of two years and until a successor is elected and qualified and shall take office on the first day of January following such election."
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.

Representative Carter of the 146th moved that the House agree to the Senate substitute to HB 972.
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 Bill of the Senate was taken up for consideration and read the third time:

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.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 9 of Title 24, relating to competency of witnesses, so as to provide that in cases of child molestation and other criminal cases in which a child was a victim or a witness, such child shall be competent to testify and his credibility shall be determined by the trier of fact; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 8, 1989

2061

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 9 of Title 24, relating to competency of witnesses, is amended by striking in its entirety Code Section 24-9-5, relating to competency to testify of persons without use of reason, and inserting in lieu thereof a new Code Section 24-9-5 to read as follows:
"24-9-5. (a) Except as provided in subsection (b) of this Code section, persons Per sons who do not have the use of reason, such as idiots, lunatics during lunacy, and children who do not understand the nature of an oath, shall be incompetent witnesses.
(b) Notwithstanding the provisions of subsection (a) of this Code section, in all cases involving child molestation, and in all other criminal cases m which a child was a victim of or a witness to any crime, any such child shall be competent to testify, and his credibility shall be determined as provided in Article 4 of this chapter."
Section 2. This Act shall not apply to crimes or offenses which took place prior to the effective date of this Act.
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
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
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
Bishop Y Bostick
Y Branch Y Breedlove Y Brooks
Brown YBuck
Buford
Byrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks
Y Childers Clark.B

Clark.H Y Clark.L Y Colbert
Coleman Y Colwell
Connell Couch Cox Y 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
Edwards Y Ehrhart Y Felton
Fennel Y Floyd Y Foster
Y Godbee Y Goodwin Y Green
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
Jackson,J Y Jackson.W Y Jamieson Y Jenkins
Johnson
Y Jones Y Kilgore Y Kingston
Lane.D Y LaneJR
Langford Lawrence Y Lawson YLee Linder Long
Lord Y Lucas
Lupton Y Mangum Y 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
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 YRainey
Randall Y Ransom
Ray Y Reaves
Redding Y Richardson Y Ricketson Y Robinson
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 Thomas.M
Y Thompson Y Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan
Waddle Y Walker.C
Walker.L Y Wall Y Ware Y Watson
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 128, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute

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

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 following Senate amendment was read:

Amend the House Substitute to SB 37 by striking the words "prescribed duties" on line 3 of page 4 and inserting in lieu thereof the following:
"duties prescribed by law".
By striking the word "or" on line 19 of page 4.
By striking the words and symbol "prescribed duties." on line 21 of page 4 and inserting in lieu thereof the following:
"duties prescribed by law; or
(v) Has willfully misused, converted, or misappropriated, without authority, public property or public funds entrusted to or associated with the elective office to which the official has been elected or appointed."
By striking all matter on lines 22 through 27 of page 12 and inserting in lieu thereof the following:
"(d) Such review shall be limited solely to a review of the legal sufficiency of the recall ground or grounds and the legal sufficiency of the alleged fact or facts upon which such ground or grounds are based as set forth in such recall application; and the review of such alleged fact or facts shall be only for the determination of the legal sufficiency of such alleged fact or facts as to form and not as to truth and shall not include discovery or evidentiary hearings."
By striking all matter on lines 28 through 30 of page 25 and inserting in lieu thereof the following:
"effective date of this Act. The provisions of this Act shall apply with respect to an incumbent public official where the act or omission constituting grounds for recall, as specified in subparagraph (B) of paragraph (7) of Code Section 21-4-3, occurred in a previous term of office but was withheld from public knowledge or public disclosure until subsequent to the general election at which the incumbent was last elected, provided that an application for a recall petition is filed within 12 months after such general election."

Representative Holmes of the 28th moved that the House agree to the Senate amendment to the House substitute to SB 37.
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

Y Beck Y Benefield
Benn
Y Birdsong

WEDNESDAY, MARCH 8, 1989

2063

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 Y Clark.L Y Colbert
Coleman Y Colwell
Y Connell Couch Cox
Y 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 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
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
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

On the motion, the ayes were 141, nays 0. The motion prevailed.

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
Randall Y Ransom
Ray Y Reaves
Redding Richardson Ricketson Y Robinson
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
Waddle Y Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts Y White
Wilder Y Williams.B
WilliamsJ Y Yates Y Yeargin
Murphy,Spkr

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

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 following Senate substitute was read:

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"; to change certain provisions relating to the adoption and continuation of state minimum standard codes; to provide for the enforcement of appendices of state minimum standard codes under certain circumstances; to delete certain provisions relating to the adoption and continuation of the Georgia State Energy Code for Buildings; to provide for the licensing of trades, professions, and businesses covered by certain provisions of law; to change the provisions relating to the amendment and revision of codes generally; to provide for the adoption of new editions of state minimum standard codes; to change the composition of the advisory committee; to provide for the appointment of subcommittees; to provide for the appeal of certain actions of the advisory committee to the Board of Community Affairs; to provide that certain state minimum standard codes shall have state-wide application; to provide that municipalities and counties are authorized to enforce such state minimum standard codes with state-wide application; to provide that

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JOURNAL OF THE HOUSE,

other state minimum standard codes shall be applicable and may be enforced upon adoption by a municipality or county; to provide procedures for the amendment of state minimum standard codes; to change the provisions relating to the enforcement of state minimum standard codes; to delete certain provisions relating to state inspectors; to provide for training programs conducted by the Department of Community Affairs; to prohibit certain actions by local inspectors; to delete certain provisions relating to local licensing authorities; to require that municipalities and counties only adopt or enforce certain state minimum standard codes on and after a certain date; to change the provisions relating to the effect and applicability of state minimum standard codes; to except manufactured homes from certain provisions of law; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings generally, is amended by striking in its entirety paragraph (9) of Code Section 8-2-20, relating to definitions with respect to state building, plumbing, electrical, etc. codes, which reads as follows:
"(9) 'State minimum standard codes' means the following codes: (A) Georgia State Housing Code; (B) Georgia State Building Code; (C) Georgia State Plumbing Code; (D) Georgia State Air Conditioning and Heating Code; (E) Georgia State Electrical Code; and (F) Georgia State Gas Code.
The term 'state minimum standard codes' shall specifically not include the Georgia State Energy Code for Buildings.", and inserting in lieu thereof a new paragraph (9) to read as follows:
"(9) (A) (i) Prior to October 1, 1991, 'state minimum standard codes' means the following codes: (I) Georgia State Housing Code; (II) Georgia State Building Code; (III) Georgia State Plumbing Code; (IV) Georgia State Air Conditioning and Heating Code; (V) Georgia State Electrical Code; and (VI) Georgia State Gas Code. (ii) The term 'state minimum standard codes' shall specifically not include the Georgia State Energy Code for Buildings. (B) (i) On and after October 1, 1991, 'state minimum standard codes' means the following codes: (I) Standard Building Code (SBCCI); (II) National Electrical Code as published by the National Fire Protection Association; (III) Standard Gas Code (SBCCI); (IV) Standard Mechanical Code (SBCCI); (V) Georgia State Plumbing Code or the Standard Plumbing Code (SBCCI); (VI) Council of American Building Officials One- and Two-Family Dwelling Code, with the exception of Part V - Plumbing (Chapters 20-25) of said code; (VII) Georgia State Energy Code for Buildings as adopted by the State Building Administrative Board pursuant to an Act approved April 10, 1978 (Ga. L. 1978, p. 2212), as such code exists on September 30, 1991; (VIII) Standard Housing Code (SBCCI); (I)) Standard Amusement Device Code (SBCCI); ()) Excavation and Grading Code (SBCCI); ()I) Standard Existing Buildings Code (SBCCI); ()II) Standard Fire Prevention Code (SBCCI); ()III) Standard Swimming Pool Code (SBCCI); and ()IV) Standard Unsafe Building Abatement Code (SBCCI).

WEDNESDAY, MARCH 8, 1989

2065

(ii) The codes provided in division (i) of this subparagraph shall mean such codes as they exist on October 1, 1991, provided that the department, with the approval of the board, may adopt a subsequently published edition of any such code as provided in subsection (b) of Code Section 8-2-23; and provided, further, that any such code may hereafter be amended or revised as provided in subsection (a) of Code Section 8-2-23. (C) References to any standard code in this part shall mean one of the standard codes listed in division (i) of subparagraph (A) or division (i) of subparagraph (B) of this paragraph. (D) The term 'state minimum standard codes' shall specifically not include the Georgia State Fire Code as adopted by the Safety Fire Commissioner pursuant to Code Section 25-2-13 nor shall any state minimum standard code be less restrictive than the Georgia State Fire Code."
Section 2. Said article is further amended by striking in its entirety Code Section 8-2-21, relating to adoption and continuation of state minimum standard codes, and inserting in lieu thereof a new Code Section 8-2-21 to read as follows:
"8-2-21. (a) The state minimum standard codes, which were prepared and adopted by the State Building Administrative Board pursuant to an Act approved April 21, 1969 (Ga. L. 1969, p. 546), as amended, as such codes exist on Jety -, i98Q June 30, 1989, are adopted and continued in their entirety by the department until October 1, 1991, at which time all of said codes shall be repealed in their entirety, except the Georgia State Plumbing Code which will be continued as it exists on October .1, 1991, to facilitate the provisions of subdivision (9)(B)(i)(V) of Code Section 8-2-20 and the other provisions of this part. The said Georgia State Plumbing Code may be amended thereafter as provided in subsection (a) of Code Section 8-2-23.
(b) Enforcement of the state minimum standard codes provided for in division (9)(B)(i) of Code Section 8-2-20 shall not include enforcement of appendices to such codes except when:
(1) Any provision of an appendix is specifically referenced in the code text; (2) An appendix to a code is specifically included in an administrative ordinance adopted by a municipality or county; or (3) An appendix to a code is specifically adopted by the department with the approval of the board."
Section 3. Said article is further amended by striking in its entirety Code Section 8-2-22, relating to the adoption and continuation of the Georgia State Energy Code for Buildings, which reads as follows:
"8-2-22. The Georgia State Energy Code for Buildings, which was prepared and adopted by the State Building Administrative Board pursuant to an Act approved April 10, 1978 (Ga. L. 1978, p. 2212), as such code exists on July 1, 1980, is adopted and continued in its entirety by the department. This code shall continue to have state-wide application and shall not require adoption by county and municipal governments before it shall be effective in individual counties and municipalities.", and inserting in lieu thereof the following:
"8-2-22. Provisions for licensing trades, professions, and businesses covered by the provisions of this article shall be as determined by Chapter 14 of Title 43 and the rules and regulations of the State Construction Industry Licensing Board created in such chapter."
Section 4. Said article is further amended by striking in its entirety Code Section 8-2-23, relating to amendment and revision of codes generally, and inserting in lieu thereof a new Code Section 8-2-23 to read as follows:
"8-2-23. (a) (1) The department, with the approval of the board, may from time to time revise and amend the Georgia State Housing Code, the Georgia State Building

Georgia State Energy Code for Buildings state minimum standard codes either on its

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JOURNAL OF THE HOUSE,

own motion or upon recommendation from any citizen, profession, state agency, or political subdivision of the state. Upon approval by a majority of the board, each such amendment, modification, or new provision shall be held to be in full force and effect as if it were included in the original adopted code. Prior to the adoption of any proposed amendment, modification, or new provision, the department shall conduct such public hearings as are required by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' for the adoption of rules. Such public hearings shall be conducted at such places, on such dates, and at such times as may be determined by the department.
(fe) (2) Revisions of or amendments to the Georgia State Energy Code for Buildings shall not become effective without the approval of the Office of Energy Resources. The department shall consult with the Office of Energy Resources during the revision or amendment of such code and shall submit such revisions or amendments to the Office of Energy Resources for approval at least ten days prior to the adoption thereof.
4e) (3) The department shall make copies of the adopted codes and the amendments thereto to codes available to members of the general public at such price as it deems reasonable to defray the costs of publication and handling. Notice of amendments to or adoption of a new edition of any state minimum standard code which js applicable state wide shall be provided by the department to the chief elected official and the chief building enforcement official of a municipality or county and to the chief fire official of each fire department certified pursuant to Article 2 of Chapter 3 of Title 25 at least ten days prior to the effective date of such amendments.
{d} (4) The revision or amendment of any of the state minimum standard codes er the Georgia State Energy Code for Buildings shall have reasonable and substantial connection with the public health, safety, and general welfaref and the provisions of such revision er amendment shall be construed liberally te those ends. (b) (1) The department, with the approval of the board, may adopt a new edition of any state minimum standard code either on its own motion or upon recommendation from any profession, state agency, or political subdivision of this state. Upon approval by a majority of the board, each new code edition shall be held to be in full force and effect as if it was the original adopted code. Prior to the adoption of any new edition of a state minimum standard code, the department shall conduct such public hearings as are required by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' for the adoption of rules. Such public hearings shall be conducted at such places, on such dates, and at such times as may be determined by the department.
(2) Notwithstanding the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' or any other provision of law, the department shall not be required to make available or to distribute any copies of a new edition of a state minimum standard code adopted by the department."
Section 5. Said article is further amended by striking in its entirety Code Section 8-2-24, relating to the appointment of an advisory committee, and inserting in lieu thereof a new Code Section 8-2-24 to read as follows:
"8-2-24. (a) For the purpose of assisting the department in carrying out the provisions of Code Section 8-2-23, the commissioner shall appoint an advisory committee to be composed of i 21 members as follows:
(1) The Georgia Safety Fire Commissioner or his designee as an ex officio member with full voting privileges;
(2) The commissioner of human resources or his designee as an ex officio member with full voting privileges;
(3) The commissioner of community affairs or his designee as an ex officio member with full voting privileges;
(4) One representative of municipal government the home building industry;
(5) One representative of county government the industrialized building industry; (6) One representative of the home building industry general contracting industry;

WEDNESDAY, MARCH 8, 1989

2067

(7) One representative of savings as4 loan institutions the profession of mechanical engineering;
(8) One licensed architect; (9) One representative ef the consulting engineering profession engaged HI civil, mechanical, structural, er electrical practice licensed electrical engineer; (10) One representative of the mobile homo manufactured homes industry; (11) One representative ef contractors; {13} (11) One licensed electrical contractor from the state at large; ft3) (12) One building material dealer; f!4) (13) One licensed plumbing contractor; (W) (14) One licensed conditioned-air contractor; afl4 (15) One licensed structural engineer; (16) Four One municipal or county code enforcement official, officials; and (17) Two local fire officials. (b) All appointments to the committee shall be for a term of four years; provided, however, that the initial code enforcement official initial members appointed pursuant to paragraphs (4^(5^(6^47^(9^ (15), (16), and (17) of subsection (a) of this Code section shall be appointed for a term to expire on the same date as the terms of other members. A member shall serve until his successor has been duly appointed. The commissioner shall make appointments to fill the unexpired portion of any term vacated for any reason. In making such appointments, the commissioner shall preserve the composition of the committee as required by this Code section. Any appointive member who, during his term, ceases to meet the qualifications for original appointment shall thereby forfeit his membership on the committee. The commissioner shall have until Jly 30; 1980, August 1^ 1989, to appoint the members of the committes. Membership on the committee shall not constitute public office, and no member shall be disqualified from holding public office by virtue of his membership. Each member of the committee shall serve without compensation, but each member of the committee shall be reimbursed for travel and other reasonable and necessary expenses incurred by him while attending called meetings of the committee. (c) The advisory committee shall be empowered to use subcommittees as it deems necessary to carry out its duties and responsibilities. Members of such subcommittees shall be knowledgeable of the subject matter with which the subcommittee is concerned and shall be appointed by the commissioner upon the recommendation of the advisory committee. Such subcommittee members shall be reimbursed for travel and other necessary expenses while attending subcommittee meetings in the same manner as that of advisory committee members. 4> (d) Any amendment, modification, er ew provision amendments, modifications, or new provisions to the state minimum standard codes or- the Georgia State Energy Code for Buildings, when such are prepared, proposed, or recommended by the department, shall, prior to their submission to the board for approval, be submitted to the advisory committee for review and consideration. The department shall not forward any such amendment, modification, or new provision to the board without a favorable recommendation of a majority of the advisory committee. (e) The advisory committee shall have at least two regular meetings annually and shall meet at other times as determined by the commissioner."
Section 6. Said article is further amended by adding between Code Sections 8-2-24 and 8-2-25 a new Code Section 8-2-24.1 to read as follows:
"8-2-24.1. Notwithstanding the provisions of subsection (d) of Code Section 8-2-24, when any party has proposed an amendment, modification, or new provision to a state
minimum standard code and the same has not received a favorable recommendation by the advisory committee, the aggrieved party may within 30 days after notification by the
department of the advisory committee's action file an appeal with the board. Not more than 60 days after receiving such appeal, the board shall make a determination whether
to deny the appeal or to review the proposed amendment, modification, or new provision
and make a determination on the same pursuant to Code Section 8-2-23."

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JOURNAL OF THE HOUSE,

Section 7. Said article is further amended by striking in its entirety Code Section 8-2-25, relating to the adoption and administration of codes by municipalities and counties, which reads as follows:
"8-2-25. (a) The governing authority of any municipality or county in this state is authorized to adopt the state minimum standard codes.
(b) Any municipality or county which has adopted codes pursuant to charter amendment, local law, or any statute having general application may continue to operate under such codes.
(c) Any county resolution or municipal ordinance legally enacted under the authority of any charter amendment, local law, or statute having general application shall remain in force and effect until or unless the county or municipality, by affirmative act of the governing authority, has adopted the state minimum standard codes provided for in this part.
(d) All powers and authority granted to municipalities and counties by this part shall be cumulative and shall be in addition to all other powers and authority possessed by municipalities and counties.", and inserting in lieu thereof a new Code Section 8-2-25 to read as follows:
"8-2-25. (a) On and after October 1, 1991, the state minimum standard codes enumerated in subdivisions (9)(B)(i)(I) through (9)(B)(i)(VII) of Code Section 8-2-20 shall have state-wide application and shall not require adoption by a municipality or county. The governing authority of any municipality or county in this state is authorized to enforce the state minimum standard codes enumerated in this subsection.
(b) The state minimum standard codes enumerated in subdivisions (9)(B)(i)(VIII) through (9)(B)(i)(XIV) of Code Section 8-2-20 shall not be applicable in a jurisdiction until adopted by a municipality or county. The governing authority of any municipality or county in this state is authorized to adopt and enforce the state minimum standard codes enumerated in this subsection in that subject area which is being regulated by the municipality or county, and a copy of the local ordinance or resolution adopting any such code shall be forwarded to the department in order that such municipality or county may be apprised of subsequent amendments in the state minimum standard code so adopted.
(c) (1) In the event that the governing authority of any municipality or county finds that the state minimum standard codes do not meet its needs, the local government may provide requirements not less stringent than those specified in the state minimum standard codes when such requirements are based on local climatic, geologic, topographic, or public safety factors; provided, however, that there is a determination by the local governing body of a need to amend the requirements of the state minimum standard code based upon a demonstration by the local governing body that local conditions justify such requirements not less stringent than those specified in the state minimum standard codes for the protection of life and property. All such proposed amendments shall be submitted by the local governing body to the department 60 days prior to the adoption of such amendment. Concurrent with the submission of the proposed amendment to the department, the local governing body shall submit in writing the legislative findings of the governing body and such other documentation as the local governing body deems helpful in justifying the proposed amendment. The department shall review and comment on a proposed amendment. Such comment shall be in writing and shall be sent to the submitting local government with a recommendation:
(A) That the proposed local amendment should not be adopted, due to the lack of sufficient evidence to show that such proposed local amendment would be as stringent as the state minimum standard codes and the lack of sufficient evidence to show that local climatic, geologic, topographic, or public safety factors require such an amendment;
(B) That the proposed local amendment should be adopted, due to a preponder-
ance of evidence that such proposed local amendment would be as stringent as the
state minimum standard codes and a preponderance of evidence that the local cli-
matic, geologic, topographic, or public safety factors require such an amendment; or

WEDNESDAY, MARCH 8, 1989

2069

(C) That the department has no recommendation regarding the adoption or disapproval of the proposed local amendments, due to the lack of sufficient evidence to show that such proposed local amendment would or would not be as stringent as the state minimum standard codes and the lack of sufficient evidence to show that local climatic, geologic, topographic, or public safety factors require or do not require such an amendment. (2) The department shall have 60 days after receipt of a proposed local amendment to review the proposed amendment and make a recommendation as set forth in paragraph (1) of this subsection. In the event that the department fails to respond within the time allotted, the local governing body may adopt the proposed local amendment. (3) In the event that the department recommends against the adoption of the proposed local amendment, a local governing body shall specifically vote to reject the department's recommendations before any local amendment may be adopted. (4) No local amendment shall become effective until the local governing body has caused a copy of the adopted amendment to be filed with the department. A copy of an amendment shall be deemed to have been filed with the department when it has been placed in the United States mail, return receipt requested. (5) Nothing in this subsection shall be construed so as to require approval by the department before a local amendment shall become effective. (6) The department shall maintain a file of all amendments to the state minimum standard codes adopted by the various municipalities and counties in the state, which information shall be made available to the public upon request. The department may charge reasonable fees for copies of such information. An index of such amendments shall be included in each new edition of a state minimum standard code, (d) Except as otherwise provided in subsection (c) of this Code section, building related codes or ordinances dealing with the subjects of historic preservation, high-rise construction, or architectural design standards for which a state minimum standard code does not exist may be adopted by a local jurisdiction following review by the department. The department's review shall be limited to a determination that the proposed code or ordinance is consistent with the approved state minimum standard codes when common elements exist and is not less restrictive than the requirement of said codes. Changes to all other state minimum standard codes shall be approved only pursuant to the provisions of this Code section regarding local amendments."
Section 8. Said article is further amended by striking in its entirety Code Section 8-2-26, relating to enforcement of codes generally, and inserting in lieu thereof a new Code Section 8-2-26 to read as follows:
"8-2-26. (a) The governing body of any municipality or county adopting any state minimum standard code shall have the power:
(1) To adopt by ordinance or resolution any reasonable provisions for the enforcement of the state minimum standard codes, including procedural requirements, provisions for hearings, provisions for appeals from decisions of local inspectors, and any other provisions or procedures necessary to the proper administration and enforcement of the requirements of the state minimum standard codes;
(2) To provide for inspection of buildings or similar structures to ensure compliance with the state minimum standard codes;
(3) To employ inspectors, including chief and deputy inspectors, and any other personnel necessary te for the proper enforcement of such codes and to provide for the authority, functions, and duties of such inspectors;
(4) To require building permits and to fix charges therefor; (5) To contract with other municipalities or counties adopting any state minimum standard code; er with the state, to administer such codes and to provide inspection and enforcement personnel and services necessary to ensure compliance with the codes; and
(6) To contract with any other county or municipality whereby the parties agree
that the inspectors of each contracting party may have jurisdiction to enforce the state minimum standard codes within the boundaries of the other contracting party.

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4b) BT) The commissioner shall fee authorized to employ ad fix the compcnaation
sary te carry etrt the functions provided m paragraph (3) ef this subsection. (b) 43) The commissioner shall be authorized to establish a training program for local inspectors whereby a state inspector representative of the department, upon the request of the governing authority of a county or municipality, may visit such county or municipality for the purpose of training the inspectors of such county or municipality in the effective enforcement of any state minimum standard code promulgated purauant te this part and adopted by such county or municipality. As a supplement to; OF in een-
purposc ef training local inspectors, the The commissioner may from time to time establish regional training programs whereby the inspectors of several different counties and municipalities may take advantage of the training made available by such regional training programs.
(c) No local inspector shall require any person performing work in compliance with a state minimum standard code or variations thereto which are in conformity with the provisions of this part to comply with the standards of any other building code not covered by this part."
Section 9. Said article is further amended by striking in its entirety Code Section 8-2-28, relating to local licensing authorities, which reads as follows:
"8-2-28. Each municipality and each county adopting the state minimum standard codes as provided by this part are authorized to establish a local licensing authority consisting of not fewer than three members appointed by the governing body of such municipality or county. Any such local licensing authority shall, unless otherwise provided by law, have the power to examine and license persons engaged in the installation, alteration, and repair of plumbing, air-conditioning and heating, or electrical systems. The local licensing authority is authorized to adopt such procedures, rules, or regulations as are reasonably necessary to administer locally examinations to and issue licenses to such craftsmen.", and inserting in lieu thereof a new Code Section 8-2-28 to read as follows:
"8-2-28. On and after October 1, 1991, any municipality or county either enforcing or adopting and enforcing a construction code shall utilize one or more of the state minimum standard codes established pursuant to this part."
Section 10. Said article is further amended by striking in its entirety Code Section 8-2-31, relating to the effect of Part 2 thereof, and inserting in lieu thereof a new Code Section 8-2-31 to read as follows:
"8-2-31. (a) Nothing in this part shall repeal or be construed as abrogating or otherwise affecting the power of any state department or agency to promulgate regulations, make inspections, or approve plans in accordance with any other applicable provisions of law.

ef any codes other than the state codes. (b) Nothing in this part shall be construed as repealing or otherwise affecting
authorization for historic preservation districts established pursuant to Article 2 of Chapter 10 of Title 44, the 'Georgia Historic Preservation Act.'
(c) Nothing in this part shall be construed as repealing or otherwise affecting: (1) Part 6 of this article, relating to elevators, dumbwaiters, escalators, manlifts,
and moving walks; (2) Chapter 11 of Title 34^ the 'Boiler and Pressure Vessel Safety Act'; (3) Chapter 3 of Title 30, relating to access to and use of public facilities by physi-
cally handicapped persons; or (4) The Georgia State Fire Code as adopted by the Safety Fire Commissioner pur-
suant to Code Section 25-2-13. (d) Standards for the construction of manufactured homes covered under Part 2 of Article 2 of this chapter shall be governed by the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended, 42 U.S.C. 5401, et seq., and

WEDNESDAY, MARCH 8, 1989

2071

nothing in this part is intended to permit the adoption of any other standards for or local regulation of the construction of manufactured homes."
Section 11. This Act shall become effective July I, 1989.
Section 12. All laws and parts of laws in conflict with this Act are repealed.

Representative Watson of the 114th moved that the House agree to the Senate substitute to HB 154.
On the motion the ayes were 121, nays 2.
The motion prevailed.

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 Senate substitute was read:

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 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; 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 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by adding at the end thereof a new Article 26 to read as follows:
"ARTICLE 26
10-1-740. (a) A trade secret means information including, but not limited to, technical or nontechnical data, a formula pattern, compilation, program, device, method, technique, drawing, process, financial data, or list of actual or potential customers or suppliers which:
(1) Derives economic value, actual or potential, from not being generally known to other persons who can obtain economic value from its disclosure or use; and
(2) Is the the subject of efforts that are reasonable under the circumstances to maintain its secrecy or confidentiality. (b) Any contractual rights or other rights independent of contract relating to trade secrets shall be construed according to the definition provided by subsection (a) of this Code section, except that such definition shall have no applicability to Code Section 16-8-13, relating to criminal offenses involving theft of trade secrets. (c) No rights under this Code section shall be abrogated as a result of access to a trade secret by nonauthorized persons or as a result of an inadvertent disclosure."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Robinson of the 96th moved that the House agree to the Senate substitute to HB 252.

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JOURNAL OF THE HOUSE,

On the motion the ayes were 127, nays 0. The motion prevailed.

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 Senate amendment was read:

Amend HB 501 by striking from line 15 on page 1 the words "a resident" and inserting in lieu thereof the word "domiciled".

Representative Bannister of the 62nd moved that the House agree to the Senate amendment to HB 501.
On the motion the ayes were 118, nays 0.
The motion prevailed.

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.

The following Senate substitute was read:

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; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Section 48-3-19 of the Official Code of Georgia Annotated, relating

to transfer of certain tax executions, is amended by striking subsection (c) and inserting

in its place a new subsection (c) to read as follows:

"(c) No person may pay a tax an execution issued for ad valorem property taxes and

thereby become the transferee of such execution as provided in subsection (a) of this

Code section unless and until:

_

(1) 9eh Such person has notified the individual against whom the execution has

issued by certified mail of his intention to pay such execution and unless and until

36 60 days have elapsed since the giving of such notice; or

(2) In the event that such notice by certified mail is returned undelivered, such

person shall be required to publish such notice not less than once a week for three

weeks in the legal organ of the county in which the execution was entered on the gen-

eral execution docket of the superior court. Such person shall be required to show

proof to the tax official who issued the execution that such notice was advertised in

compliance with this paragraph."

Section 2. All laws and parts of laws in conflict with this Act are repealed.

WEDNESDAY, MARCH 8, 1989

2073

Representative Barnett of the 10th moved that the House agree to the Senate substitute to HB 637.
On the motion the ayes were 115, nays 0.
The motion prevailed.

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 Senate substitute was read:

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 PDA approved New Drug Application or an abbreviated New

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Drug Application and must have a product liability insurance policy extending to pharmacy providers under this article, but the policy may condition coverage thereunder 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 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.

Representative Parham of the 105th moved that the House agree to the Senate substitute to HB 70.
On the motion the ayes were 116, nays 0.
The motion prevailed.

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 following Senate substitute was read:

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 authorize local governmental entities to mandate within their respective jurisdictions the retail sale of low

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phosphorus household laundry detergents under certain circumstances; to provide for ordinances and the contents thereof; 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, following Code Section 12-5-27, a new Code Section 12-5-27.1 to read as follows:
"12-5-27.1. Whenever a local governmental entity is required by the division to reduce phosphorus in its wastewater being discharged into the waters of the state, that local governmental entity is required to consider within its jurisdiction the retail sale of low phosphorus household laundry detergents as a portion of their phosphorus reduction process and when shown to be a cost-effective component of the phosphorus reduction plan the local governmental entity shall mandate the retail sale of low phosphorus household laundry detergent after the division's approval of the local governmental entity plan. Such local governmental entity shall accomplish such a mandate by passing a local ordinance to become effective in six months of the passage of the local ordinance. Such ordinance shall place a limit of 0.5 percent of phosphorus by weight which may be allowed in household laundry detergents."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Milam of the 81st moved that the House disagree to the Senate substitute to HB 719.
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 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.

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

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.

The following Senate amendment was read:

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Amend the House substitute to SB 49 by adding on page 3, line 6 after the word "accessible" the following:
"wherever practicable as determined by the Department".

Representative Dunn of the 73rd moved that the House agree to the Senate amendment to the House substitute to SB 49.
On the motion, the ayes were 106, nays 0.
The motion prevailed.

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

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 Senate substitute was read:

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 prohibit pupils from disrupting classes by carrying electronic communication devices while in school; to provide for exceptions; 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 by any of the above-designated school personnel to leave the school premises or school bus, and upon failure to do so such person shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500.00."
Section 2. Said article is further amended by adding at the end thereof a new Code Section 20-2-1183 to read as follows:
"20-2-1183. (a) No area, county, or independent board of education shall permit any pupil to carry a pocket pager or electronic communication device in school except for health or other unusual reasons approved by the board of education.
(b) Any student found in violation of the provisions of this Code section shall be subject to in-school suspension."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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Representative Birdsong of the 104th moved that the House agree to the Senate substitute to HB 166.
On the motion the ayes were 102, nays 5.
The motion prevailed.

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 Senate substitute was read:

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 29 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) Three hospital chief administrative officers selected by the Georgia Hospital Association, at least one of whom shall be from the proprietary sector, one to be appointed from a rural community, and one from an urban community;

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(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;
(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) One representative to be selected by the Georgia State Medical Association; (17) One representative to be selected by the American Association of Retired Persons (AARP);
(18) One representative to be selected by the State Health Policy Council; (19) One representative to be selected by the Rural Health Care Association; (20) One representative to be selected by the Georgia Nurses Association; and (21) One representative to be selected by the Georgia Organization of Nurse Executives. 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 programs 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.

Representative Childers of the 15th moved that the House agree to the Senate substitute to HR 162.
On the motion the ayes were 107, nays 0.
The motion prevailed.

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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.

The following Senate substitute was read:

A BILL
To amend Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, so as to provide for certain regional jails operated by two or more counties; to provide for a chief jailer for each such regional jail; to provide for the powers and duties of such chief jailer; to provide for staffing of the office of chief jailer; to provide for filling vacancies; to amend Code Section 42-5-59 of the Official Code of Georgia Annotated, relating to the employment of inmates of correctional institutions in the community, so as to authorize the employment or training of inmates within the confines of correctional institutions; 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 to the Department of Corrections or any other ordered confinement facility or supervision status; 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 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, is amended by adding at the end thereof a new Article 3 to read as follows:
"ARTICLE 3
42-4-50. When two or more counties shall jointly operate and maintain a county jail for use by the several participating counties, such jail shall be designated a joint regional jail.
42-4-51. (a) The governing authorities of the counties participating in a joint regional jail are authorized to establish by appropriate resolution the office of chief jailer for such jail.
(b) The chief jailer shall be appointed and serve at the pleasure of the governing authorities of the participating counties and such governing authorities shall fix the compensation to be paid from the funds of each participating county.
(c) The qualifications necessary to hold office as chief jailer shall be the same as the qualifications provided by law for the office of sheriff, except for residency requirements.
42-4-52. The chief jailer of a joint regional jail when appointed shall fulfill each and all of the duties and functions usually delegated to the several sheriffs relating to and concerning the maintenance, operation, supervision, and staffing of jails, including but not limited to the functions delegated under Articles 1 and 2 of this chapter.
42-4-53. The chief jailer of a joint regional jail shall have the authority to appoint other jailers subject to the approval of the governing authorities of the counties which established the office of chief jailer.
42-4-54. The establishment and staffing of the office of chief jailer of a joint regional jail as provided in this article shall relieve the sheriffs of the participating counties from the duties and responsibilities imposed on them by law relating to the keeping and maintaining of such jail.

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42-4-55. In the event of a vacancy in the office of chief jailer of a joint regional jail, the sheriff of the county in which the facility is located shall temporarily occupy said office and fulfill its duties."
Section 2. Code Section 42-5-59 of the Official Code of Georgia Annotated, relating to the employment of inmates of correctional institutions in the community, is amended by adding at the end thereof a new subsection (e) to read as follows:
"(e) The commissioner may authorize an inmate, under prescribed conditions, to work at paid employment or participate in a training program when the employment or training is within the confines of the institution to which the inmate is committed or within the confines of another correctional institution of the department. Accepting such employment or participating in such training shall be on a voluntary basis, and the conditions and requirements of this Code section for employment or training of inmates within the community shall apply to any employment or training program for inmates established by the commissioner pursuant to the provisions of this subsection."
Section 3. 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, is amended by striking subsection (d) in its entirety and substituting in lieu thereof a new subsection (d) to read as follows:
"(d) In cases where the probation is revoked in a county other than the county of original conviction, the clerk of court in the county revoking probation may record the order of revocation in the judge's minute docket, which recordation shall constitute sufficient permanent record of the proceedings in that court. The clerk shall send one copy of the order revoking probation to the department to serve as a temporary commitment and shall send the original order revoking probation and all other papers pertaining thereto to the county of original conviction to be filed with the original records. The clerk of court of the county of original conviction shall then issue a formal commitment to the department. Upon such revocation of probation from a diversion center, probation detention center, or special alternative incarceration unit, the probationer shall be transferred to the jail of the county of original conviction to serve the period of revocation or to await formal commitment to the department or any other ordered confinement facility or supervision status unless otherwise ordered by the judge holding the revocation hearing."
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 Colwell of the 4th moved that the House agree to the Senate substitute to HB 576.
On the motion the ayes were 103, nays 0.
The motion prevailed.

By unanimous consent, Representative Smyre of the 92nd was replaced by Representative Robinson of the 96th on the Committee of Conference for SB 84.

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

SB 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.

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The following Committee substitute was read and adopted:

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; to provide minimum standards for benefits and claims payment under medicare supplement insurance policies; to provide filing requirements and loss ratio standards for such policies; to provide limitations on the compensation of agents; to provide disclosure standards for such policies; to require certain notices; to provide filing requirements for advertisements for such policies; to authorize the Commissioner of Insurance to promulgate rules and regulations; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance and known as the "Georgia Insurance Code," is amended by striking paragraph (12) of subsection (b) of Code Section 33-6-4, relating to unfair methods of competition and unfair or deceptive acts or practices in the business of insurance, and inserting in lieu thereof a new paragraph (12) to read as follows:
"(12) (A) Representing that any insurer or agent is employed by or otherwise associated with any medicare program as defined in Code Section 33-24-20 33-43-1 or the United States Social Security Administration or that any insurance policy sold or offered for sale has been endorsed or sponsored by the federal or state government;
(B) Knowingly selling or offering to sell medicare supplement insurance coverage as defined in Code Section 33-24-20 which duplicates existing medicare supplement
ing te the prospective buyer the aetttal consequences of the replacement 33-43-1 which is not in compliance with the provisions of Chapter 43 of this title, relating to medicare supplement insurance, or the rules and regulations promulgated by the Commissioner pursuant to Chapter 43 of this title;
(C) Representing that any individual policy is a group policy or that the insurer, agent, or policy is endorsed, sponsored by, or associated with any group, association, or other organization unless such is, in fact, the case;
(D) Knowingly selling to Medicaid recipients substantially unnecessary coverage which duplicates benefits provided under the Medicaid program without disclosing to the prospective buyer that it may not be to the buyer's benefit or that it might actually be to the buyer's detriment to purchase the additional coverage."
Section 2. Said title is further amended by striking Code Section 33-24-29, which reads as follows:
"33-24-29. (a) As used in this Code section, the term: (1) 'Insurer' means any insurer authorized to sell accident and sickness policies,
subscriber contracts, certificates, or agreements of any form under Chapter 15, 18, 19, 20, 21, 29, or 30.
(2) 'Medicaid' means any program of medical assistance provided by this state in accordance with the State Plan for Medical Assistance as established in Title XIX of the federal Social Security Act of 1935, as amended.
(3) 'Medicare' means any benefits provided under the Health Insurance for the Aged Act, Title XVIII of the Social Security Amendments of 1965, as it existed on January 1, 1980.
(4) 'Medicare supplement insurance policy" means any policy, plan, certificate, or subscriber contract or agreement of any form which provides for accident and sickness insurance designed primarily to supplement medicare benefits or is advertised, marketed, or otherwise purports to be a supplement to medicare benefits and is delivered or issued for delivery in this state on and after November 1, 1980.

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(b) No insurance company, hospital service nonprofit corporation, nonprofit medical service corporation, health care plan, fraternal benefit society, or other insurer shall deliver or issue for delivery any individual medicare supplement insurance policy which does not provide reasonable benefits to the insured in relation to the premium paid.
(c) The Commissioner shall adopt any rules and regulations as he deems necessary for the regulation of medicare supplement insurance. The rules and regulations may regulate minimum benefits, waiting periods, exclusions, reductions, preexisting limitations, and readability and advertising and may include any other requirements as the Commissioner deems necessary for the protection of the citizens of this state. Additionally, the Commissioner shall develop a uniform disclosure statement for use in conjunction with the sale of all medicare supplement insurance sold in this state.
(d) This Code section shall apply to all insurers authorized to transact insurance business in this state.", in its entirety and inserting in its place the following:
"33-24-29. Reserved."
Section 3. Said title is further amended by adding immediately following Chapter 42, relating to long-term care insurance, a new chapter to be designated Chapter 43, to read as follows:
"CHAPTER 43
33-43-1. As used in this chapter, the term: (1) 'Applicant' means: (A) In the case of an individual medicare supplement policy or subscriber contract, the person who seeks to contract for insurance benefits; and (B) In the case of a group medicare supplement policy or subscriber contract, the proposed certificate holder. (2) 'Certificate' means any certificate issued under a group medicare supplement
policy, which certificate has been delivered or issued for delivery in this state. (3) 'Medicare supplement policy' means a group or individual policy of accident
and sickness insurance or a subscriber contract which is advertised, marketed, or designed primarily as a supplement to reimbursement under medicare for the hospital, medical, or surgical expenses of persons eligible for medicare by reason of age.
(4) 'Medicare' means the 'Health Insurance for the Aged Act,' Title XVIII of the Social Security Amendments of 1965, as then constituted or later amended. 33-43-2. Except as otherwise specifically provided, this chapter shall apply to:
(1) All medicare supplement policies and subscriber contracts delivered or issued for delivery in this state on or after the effective date hereof; and
(2) All certificates issued under group medicare supplement policies or subscriber contracts, which certificates have been delivered or issued for delivery in this state. This chapter shall not apply to a policy or contract of one or more employers or labor organizations, or of the trustees of a fund established by one or more employers or labor organizations, or combination thereof, for employees or former employees, or a combination thereof, or for members or former members, or a combination thereof, of the labor organizations. This chapter shall not be construed to prohibit or apply to insurance policies or health care benefit plans, including group conversion policies, provided to medicare eligible persons, which policies are not marketed or held to be medicare supplement policies or benefit plans. 33-43-3. (a) No medicare supplement insurance policy, contract, or certificate in force in the state shall contain benefits which duplicate benefits provided by medicare. (b) The Commissioner shall issue reasonable regulations to establish specific standards for policy provisions of medicare supplement policies and certificates. Such standards shall be in addition to and in accordance with applicable laws of this state. No requirement of this title relating to minimum required policy benefits, other than the minimum standards contained in this chapter, shall apply to medicare supplement policies. The standards may cover, but shall not be limited to:
(1) Terms of renewability;

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(2) Initial and subsequent conditions of eligibility; (3) Nonduplication of coverage; (4) Probationary periods; (5) Benefit limitations, exceptions, and reductions; (6) Elimination periods; (7) Requirements for replacement; (8) Recurrent conditions; and (9) Definitions of terms. (c) The Commissioner may issue reasonable regulations that specify prohibited policy provisions not otherwise specifically authorized by statute which, in the opinion of the Commissioner, are unjust, unfair, or unfairly discriminatory to any person insured or proposed for coverage under a medicare supplement policy. (d) Notwithstanding any other provision of this title, a medicare supplement policy may not deny a claim for losses incurred more than six months from the effective date of coverage for a preexisting condition. The policy may not define a preexisting condition more restrictively than a condition for which medical advice was given or treatment was recommended by or received from a physician within six months before the effective
date of coverage. 33-43-4. The Commissioner shall issue reasonable regulations to establish minimum
standards for benefits and claims payment under medicare supplement policies. 33-43-5. (a) Every insurer providing group medicare supplement insurance benefits
to a resident of this state pursuant to Code Section 33-43-2 of this chapter shall file a copy of the master policy and any certificate used in this state in accordance with the filing requirements and procedures applicable to group medicare supplement policies issued in this state, provided that no insurer shall be required to make a filing earlier than 30 days after insurance was provided to a resident of this state under a master policy issued for delivery outside this state.
(b) Medicare supplement policies shall return to policyholders benefits which are reasonable in relation to the premium charged. The Commissioner shall issue reasonable regulations to establish minimum standards for loss ratios of medicare supplement policies on the basis of incurred claims experience, or incurred health care expenses where coverage is provided by a health maintenance organization on a service rather than reimbursement basis, and earned premiums in accordance with accepted actuarial principles and practices. Every entity providing medicare supplement policies or certificates in this state shall file annually its rates, rating schedule, and supporting documentation demon-
strating that it is in compliance with the applicable loss ratio standards of this state. All filings of rates and rating schedules shall demonstrate that the actual and expected losses in relation to premiums comply with the requirements of this chapter.
(c) In situations where an existing policy is replaced by another policy with the same company where the new policy benefits are substantially similar to the benefits under the old policy and the old policy was issued by the same insurer or insurer group, no entity shall provide compensation to its agents or other producers which is greater than the renewal compensation which would have been paid on an existing policy.
33-43-6. (a) In order to provide for full and fair disclosure in the sale of medicare supplement policies, no medicare supplement policy or certificate shall be delivered in this state unless an outline of coverage is delivered to the applicant at the time application is made.
(b) The Commissioner shall prescribe the format and content of the outline of coverage required by subsection (a) of this Code section. For purposes of this Code section, 'format' means style, arrangements, and overall appearance, including such items as the size, color, and prominence of type and arrangement of text and captions. Such outline of coverage shall include:
(1) A description of the principal benefits and coverage provided in the policy;
(2) A statement of the exceptions, reductions, and limitations contained in the policy;
(3) A statement of the renewal provisions, including any reservation by the insurer
of a right to change premiums; and

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(4) A statement that the outline of coverage is a summary of the policy issued or applied for and that the policy should be consulted to determine governing contractual provisions. (c) The Commissioner may prescribe by regulation a standard form and the contents of an informational brochure for persons eligible for medicare by reason of age, which is intended to improve the buyer's ability to select the most appropriate coverage and improve the buyer's understanding of medicare. Except in the case of direct response insurance policies, the Commissioner may require by regulation that the information brochure be provided to any prospective insureds eligible for medicare concurrently with delivery of the outline of coverage. With respect to direct response insurance policies, the Commissioner may require by regulation that the prescribed brochure be provided upon request to any prospective insureds eligible for medicare by reason of age, but in no event later than the time of policy delivery. (d) The Commissioner may promulgate regulations for captions or notice requirements, determined to be in the public interest and designed to inform prospective insureds that particular insurance coverages are not medicare supplement coverages, for all accident and sickness insurance policies sold to persons eligible for medicare by reason of age, other than:
(1) Medicare supplement policies; (2) Disability income policies or limited benefit policies; (3) Basic, catastrophic, or major medical expense policies; or (4) Single premium, nonrenewable policies. (e) The Commissioner may further promulgate reasonable regulations to govern the full and fair disclosure of the information in connection with the replacement of accident and sickness policies, subscriber contracts, or certificates by persons eligible for medicare by reason of age. 33-43-7. Medicare supplement policies or certificates shall have a notice prominently printed on the first page of the policy or certificate or attached thereto stating in substance that the applicant shall have the right to return the policy or certificate within 30 days of its delivery and to have the premium refunded if, after examination of the policy or certificate, the applicant is not satisfied for any reason. Any refund made pursuant to this Code section shall be paid directly to the applicant by the insurer in a timely manner. 33-43-8. Every insurer, health care service plan, or other entity providing medicare supplement insurance or benefits in this state shall provide a copy of any medicare supplement advertisement intended for use in this state whether through written, radio, or television medium to the Commissioner for review and approval 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
Alien Y Athon Y Atkins
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
Brooks Y 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 Y Colbert
Coleman Y Colwell
Y Connell

Y Couch
Cox Y Crawford
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
Hamilton

WEDNESDAY, MARCH 8, 1989

2085

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 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 Y Lucas Y Lupton Y Mangum
Martin
Y McCoy McDonald
Y McKelvey Y 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 Y Pannell
Parham Y Parrish Y Patten
Y Pettit Y Pinkston
YPoag Y Porter Y Poston Y Powell Y Rainey
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
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
Tolbert Y Townsend
Y Twiggs Y Vaughan
Waddle Y Walker.C Y 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, by substitute, the ayes were 150, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

The following Committee substitute was read:

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 change the provisions relating to procedures for qualification of candidates generally; to change the provisions relating to the fixing and publishing of qualification fees; to change the provisions relating to the filing of notice of candidacy, nomination petition, and affidavit; to change the provisions relating to the restriction on nominated candidate's withdrawal and filling of vacancy following withdrawal; to change the provisions relating to the date of the general primary; to change the provisions relating to qualification of candidates for party nomination in a primary; to change the provisions relating to certification of political party candidates; to change the provisions relating to the nomination of presidential electors and candidates of political bodies by convention; to change the provisions relating to the holding of conventions; to change the provisions relating to preparation and delivery of ballots, envelopes, and other supplies; 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. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the "Georgia Election Code," is amended by striking in its entirety Code Section 21-2-131, relating to the fixing and publishing of qualification fees, and inserting in lieu thereof a new Code Section 21-2-131 to read as follows:
"21-2-131. (a) Qualification fees for party and public offices shall be fixed and published as follows:

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(1) The governing authority of any county, not later than March February 1 of any year in which a general primary, nonpartisan primary, or general election is to be held, and at least 20 days prior to the special primary or election in the case of a special election, shall fix and publish a qualifying fee for each county office to be filled in the upcoming primary or election. Such fee shall be 3 percent of the annual salary of the office if a salaried office. If not a salaried office, a reasonable fee shall be set by the county governing authority, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year;
(2) Within the same time limitation as provided in subsection (a) ef this Code section paragraph (1) of this subsection, the Secretary of State shall fix and publish a qualifying fee for any candidate qualifying by this method with a state political party and for any candidate qualifying with the Secretary of State for a nonpartisan primary and for any candidate filing with the Secretary of State his notice of candidacy for a general or special election. Such fee shall be 3 percent of the annual salary of the office if a salaried office, except that the fee for members of the General Assembly shall be $400.00. If not a salaried office, a reasonable fee shall be set by the Secretary of State, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year;
(3) A reasonable qualifying fee may be set according to party rule for each political party office to be filled in a primary. Such fees shall be set and published by the county or state political party not later than March February 1 of the year in which the primary is to be held for the filling of such party office. (b) Qualifying fees shall be paid as follows:
(1) The qualifying fee for a candidate in a primary shall be paid to the county or state political party at the time the candidate qualifies;
(2) The qualifying fee for all other candidates shall be paid to the superintendent or Secretary of State at the time the notice of candidacy is filed by the candidate. (c) Qualifying fees shall be prorated and distributed as follows:
(1) Fees paid to the county political party: 50 percent to be retained by the county political party with which the candidate qualified; 50 percent to be transmitted to the superintendent of the county with the party's certified list of candidates not later than 12:00 Noon of the fifth third day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the superintendent to the governing authority of the county, to be applied toward the cost of the primary and election;
(2) Fees paid to the state political party: 75 percent to be retained by the state political party; 25 percent to be transmitted to the Secretary of State with the party's certified list of candidates not later than 12:00 Noon of the fifth third day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the Secretary of State as follows: one-third to the state treasury and two-thirds to the governing authority of the county or counties in the district in which the candidate runs, such fees to be applied toward the cost of holding the primary and election. If the office sought by the candidate is filled by the vote of electors of more than one county, such fee shall be divided among the counties involved in proportion to the vote cast by each county in the preceding presidential election;
(3) Qualification fees paid to the superintendent of the county shall be transmitted by the superintendent as soon as practicable to the general fund of the governing authority of the county, to be applied toward the cost of holding the election;
(4) Qualification fees paid to the Secretary of State shall be prorated and distrib-
uted as follows: 25 percent to be transmitted to the state treasury; 75 percent to be
transmitted to the governing authority of the county or counties in the district in
which the candidate runs, such fees to be applied toward the payment of the cost of
holding the election. If the office sought by the candidate is filled by the vote of elec-
tors of more than one county, such fee shall be divided among the counties involved
in proportion to the vote cast by each county in the preceding presidential election."

WEDNESDAY, MARCH 8, 1989

2087

Section 2. Said chapter is further amended by striking in their entirety subsections (a) through (d) of Code Section 21-2-132, relating to the filing of notice of candidacy, nomination petition, and affidavit, and inserting in lieu thereof new subsections (a) through (d) to read as follows:
"(a) The names of nominees of political parties nominated in a primary and the names of candidates nominated in a nonpartisan primary shall be placed on the election ballot without their filing the notice of candidacy otherwise required by this Code section.
(b) Candidates seeking nomination in a nonpartisan primary for the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court shall comply with the requirements of subsections {e) (b.l) and (e) of this Code section, as modified by subsection (f) of this Code section, by the date prescribed and shall by the same date pay to the proper authority the qualifying fee prescribed by Code Section 21-2-131 in order to be eligible to have their names placed on the nonpartisan primary ballots.
(b.l) All candidates specified in subsection (b) of this Code section shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the nonpartisan primary ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(1) Each candidate for the office of judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, or his agent, desiring to have his name placed on the nonpartisan primary ballot shall file a notice of his candidacy, giving his name, residence address, and the office he is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April;
(2) Each candidate for the office of judge of a state court, or his agent, desiring to have his name placed on the nonpartisan primary ballot shall file notice of his candidacy in the office of the superintendent of his county no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April.
(c) All other candidates shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this Code section subsection in order to be eligible to have their names placed on the election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(1) Each candidate for federal or state office, or his agent, desiring to have his name placed on the election ballot shall file a notice of his candidacy, giving his name, residence address, and the office he is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Wednesday Monday in May June immediately prior to the election and no later than 12:00 Noon on the second Friday following the fourth Wednesday Monday in May June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election;
(2) Each candidate for a county office, or his agent, desiring to have his name placed on the election ballot shall file notice of his candidacy in the office of the superintendent of his county no earlier than 9:00 A.M. on the fourth Wednesday Monday in May June immediately prior to the election and no later than 12:00 Noon on the second Friday following the fourth Wednesday Monday in May June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election.
(d) Each candidate required to file a notice of candidacy by this Code section shall,
no earlier than 9:00 A.M. on the fourth Wednesday Monday in May June immediately
prior to the election and no later than 12:00 Noon on the first second Tuesday in
August July immediately prior to the election, file with the same official with whom he
filed his notice of candidacy a nomination petition in the form prescribed in Code
Section 21-2-170, except that such petition shall not be required if such candidate is:

2088

JOURNAL OF THE HOUSE,

(1) A nominee of a political party for the office of presidential elector when such party has held a national convention and therein nominated candidates for President and Vice President of the United States;
(2) Seeking office in a special election; (3) An incumbent qualifying as a candidate to succeed such incumbent if, prior to the election in which such incumbent was originally elected to the office for which such incumbent seeks reelection, such incumbent filed a notice of candidacy and a nomination petition as required by this chapter; (4) A candidate seeking election to the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court in a nonpartisan primary; or (5) A nominee for a state-wide office by a duly constituted political body convention, provided that the political body making the nomination has qualified to nominate candidates for state-wide public office under the provisions of Code Section 21-2-180."
Section 3. Said chapter is further amended by striking in its entirety Code Section 21-2-134, relating to the restriction on nominated candidate's withdrawal and on filling of vacancy following withdrawal, and inserting in lieu thereof a new Code Section 21-2-134 to read as follows:
"21-2-134. (a) No candidate nominated at any primary election or nonpartisan primary or nominated by means other than a primary may withdraw as a candidate at the ensuing general election. No vacancy on the ballot for a general election or for a nonpartisan election shall be filled except by reason of the death or disqualification of a candidate.
(b) Any vacancy in any party nomination filled by a primary created by reason of the death or disqualification of a candidate occurring after nomination may be filled in the following manner:
(1) In the case of a public office to be filled by the vote of the electors of the entire state in which the vacancy occurs after nomination but at least ten days prior to the election to fill the public office sought by such candidate, the vacancy may be filled by a substitute nomination made by a convention composed of the delegates of the county executive committee of such party in each county of the state. Immediately upon such vacancy occurring, the state executive committee or a subcommittee thereof appointed for the purpose shall fix a time within six days of the occurrence of such vacancy; shall select and provide a convenient place for the holding of such a convention, which shall be open to the public; and shall give notice thereof to the chairman and secretary of each county executive committee. Each county executive committee shall be entitled to select the number of delegates apportioned to it by the state executive committee; provided, however, that each county executive committee shall be entitled to select at least one delegate. Such apportionment of delegates among the counties shall be based substantially upon the population of the state according to the last United States decennial census or upon the number of votes cast within the state for the party's candidates for presidential electors in the last presidential election. A two-third's majority of the delegates of such county executive committees shall constitute a quorum for the transaction of business, and a majority of the delegates present while a quorum exists shall be sufficient to fill such nomination by a substitute nomination. Each delegate shall have one vote and all votes taken shall be by a roll-call vote. The records of the convention shall be filed with the state executive committee. In the event such a vacancy in party nomination shall occur during the ten days preceding the day of such an election, such vacancy may be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for the purpose;
(2) In the case of a public office for which a candidate must qualify with the state executive committee, except a public office to be filled by the vote of the electors of the entire state, the nomination may remain vacant or may be filled at the decision of the state executive committee of the party. The decision whether to fill such vacancy shall be made by the state executive committee by 4:00 P.M. on the next

WEDNESDAY, MARCH 8, 1989

2089

business day following the actual knowledge of the death or disqualification of the candidate. The decision of the state executive committee shall be immediately transmitted to the Secretary of State. If the Secretary of State has not been notified of the decision of the state executive committee by 4:30 P.M. on the next business day following the actual knowledge of the vacancy, it shall be conclusively presumed that the state executive committee has decided not to fill the vacancy. If the state executive committee decides not to fill the vacancy, the nomination shall remain vacant. If the state executive committee decides to fill the vacancy, the vacancy shall be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for that purpose; and
(3) In the case of a public office for which a candidate must qualify with the county executive committee, the nomination may remain vacant or may be filled at the decision of the state executive committee of the party. The state executive committee or a subcommittee thereof may determine on its own whether to fill the vacancy but is authorized, though not required, to seek the recommendation of any of the following persons for the purpose of determining whether to fill the vacancy: the county executive committee, if any; persons from the area who are active in the party; persons who are present or former officials of the party; persons who presently hold political office or have sought political office as candidates of the party; or such other persons as the committee or subcommittee may desire to consult. The decision whether to fill such vacancy shall be made by the state executive committee by 4:00 P.M. on the next business day following the actual knowledge of the death or disqualification of the candidate. The decision of the state executive committee shall be immediately transmitted to the county superintendent. If the county superintendent has not been notified of the decision of the state executive committee by 4:30 P.M. on the next business day following the actual knowledge of the vacancy, it shall be conclusively presumed that the state executive committee has decided not to fill the vacancy. If the state executive committee decides not to fill the vacancy, the nomination shall remain vacant. If the state executive committee decides to fill the vacancy, the vacancy shall be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for that purpose. The state executive committee or a subcommittee thereof may determine on its own who shall fill the vacancy as a substitute nominee but is authorized, though not required, to seek the recommendation of any of the following persons for the purpose of determining the most suitable substitute nomination: the county executive committee, if any; persons from the area who are active in the party; persons who are present or former officials of the party; persons who presently hold political office or have sought political office as candidates of the party; or such other persons as the committee or subcommittee may desire to consult.
(c) Any vacancy occurring in any body nomination or party nomination filled by means other than by primary, by reason of the death or disqualification of any candidate after nomination, may be filled by a substitute nomination made by such committee as is authorized by the rules and regulations of the party or body to make nominations in the event of vacancies on the party or body ticket.
(d) If the death or disqualification of a candidate after nomination for any public office, except an office filled by a nonpartisan primary, would at the time of such event
result in there being no candidate for that office on the ballot in the general election, then the vacancy shall be filled by a special primary which shall be open only to the party of such deceased or disqualified candidate and the office shall be filled by a special election as provided in Code Section 21-2-540.
(e) In the event a candidate dies or is disqualified after the nonpartisan primary but before the nonpartisan election, no special nonpartisan primary shall be held and the nonpartisan election shall be conducted in the following manner:
(1) If the vacancy occurs prior to 43 60 days before the general election, the nonpartisan election shall be held on the date of the November election. If no candidate receives a majority of the votes cast, a runoff shall be held on the date of the general election runoff. Upon actual knowledge of the death or disqualification of a candidate,

2090

JOURNAL OF THE HOUSE,

the Secretary of State shall reopen qualifications for any state office and the election superintendent shall reopen qualifications for any county office for a period of not less than one nor more than three days after notice has been published in a newspaper of appropriate circulation. The names of candidates who qualify shall be placed on the nonpartisan election ballot in the arrangement and form prescribed by the Secretary of State or the election superintendent but shall conform insofar as practicable with Code Section 21-2-285.1. The list of electors qualified to vote in the nonpartisan election shall be the same list as is used in the general election; and
(2) If the vacancy occurs within 42 60 days of the general election, the nonpartisan election shall be held on the date of the general election runoff. If no candidate receives a majority of the votes cast, a runoff shall be held on the fourteenth day after the election. Upon actual knowledge of the death or disqualification of a candidate, the Secretary of State shall reopen qualifications for any state office and the election superintendent shall reopen qualifications for any county office for a period of not less than one nor more than three days. All candidates who qualify shall be placed on the nonpartisan ballot. The form of the ballot shall be as prescribed by the Secretary of State or the election superintendent. The list of electors qualified to vote in the nonpartisan election shall be the same list as used in the general election, (f) Upon the making of any such substitute nomination, in the manner prescribed in subsection (b) or subsection (c) of this Code section, it shall be the duty of the chairman and secretary of the convention or committee making the nomination to file with the Secretary of State or with the superintendent, as the case may be, a nomination certificate which shall be signed by such chairman and secretary. Every such certificate of nomination shall be sworn to by the chairman and secretary before an officer qualified to administer oaths."
Section 4. Said chapter is further amended by striking in its entirety Code Section 21-2-150, relating to the date of the general primary and date of the nonpartisan primary, and inserting in lieu thereof a new Code Section 21-2-150 to read as follows:
"21-2-150. (a) Whenever any political party holds a primary to nominate candidates for public offices to be filled in the ensuing November election, such primary shall be held on the second third Tuesday in August July in each even-numbered year, except as provided in subsection (c) of this Code section.
(b) Whenever any nonpartisan primary is held to nominate candidates for the office of judge of the state court, judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court to be filled in the ensuing November election, such primary shall be held jointly with the political primaries on the second third Tuesday in August July in each even-numbered year, except as provided in subsection (c) of this Code section.
(c) Whenever the primary occurs during the same week of the national convention of either the political party whose candidates received the highest number of votes or the political party whose candidates received the next highest number of votes in the last presidential election, the general primary shall be conducted on the &9t second Tuesday in August July of such year. This subsection shall not apply unless the date of the convention of the political party is announced by the political party prior to May April 1 of the year in which the general primary is conducted."
Section 5. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a primary, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) In the case of a general primary, the candidates shall commence qualifying at 9:00 A.M. on the fourth Wednesday Monday in May April immediately prior to the pri; mary and shall cease qualifying at 12:00 Noon on the second Friday following the fourth Wednesday Monday in May April. In the case of a special primary, the candidate shall qualify at least 15 days prior to the date of such primary."
Section 6. Said chapter is further amended by striking in its entirety Code Section 21-2-154, relating to certification of political party candidates, and inserting in lieu thereof a new Code Section 21-2-154 to read as follows:

WEDNESDAY, MARCH 8, 1989

2091

"21-2-154. At or before 12:00 Noon on the fifth third 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. 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 7. Said chapter is further amended by striking in its entirety subsection (e) of Code Section 21-2-172, relating to the nomination of presidential electors and candidates of political bodies by convention, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) A convention for the purpose of nominating candidates shall be held at least 90 150 days prior to the date on which primaries are the general election is conducted."
Section 8. Said chapter is further amended by striking in its entirety Code Section 21-2-187, relating to the holding of conventions, and inserting in lieu thereof a new Code Section 21-2-187 to read as follows:
"21-2-187. Political bodies shall hold their conventions in accordance with Code Section 21-2-172 and candidates nominated for state-wide public office in convention shall file a notice of candidacy no earlier than 9:00 A.M. on the fourth Wednesday Monday in May June immediately prior to the election and no later than 12:00 Noon on the second Friday following the fourth Wednesday Monday in May June as prescribed in Code Section 21-2-132; provided, however, that the political body must file its qualifying petition no later than the first second Tuesday in August July following the convention as prescribed in Code Section 21-2-185 in order to qualify its candidates to be listed on the the general election ballot."
Section 9. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 21-2-384, relating to preparation and delivery of ballots, envelopes, and other supplies, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The superintendent shall, as soon as practicable prior to each primary or election, but at least 36 45 days prior to any primary or general election, prepare or obtain and deliver an adequate supply of official absentee ballots, envelopes, and other supplies as required by this article, to the board of registrars for use in the primary or election. The board of registrars shall, within two days after the receipt of such supplies, deliver or mail official absentee ballots to all eligible applicants; and, as additional applicants are determined to be eligible, the board shall deliver or mail official absentee ballots to such additional applicants immediately upon determining their eligibility; provided, however, that a ballot shall not be mailed to an applicant whose application is received within a period of five days prior to the primary or election and whose mailing address is located over 300 miles from the main office of the board of registrars; and provided, further, that no absentee ballot shall be mailed by the registrars on the day prior to a primary or election. The date a ballot is mailed or delivered to an elector and the date it is returned shall be entered on the application therefor. The registrar may deliver on the day of a primary or election an absentee ballot to a person confined to a hospital. In the event an absentee ballot which has been mailed by the board of registrars is not received by the applicant, the applicant may notify the board of registrars and sign an affidavit stating that the absentee ballot has not been received. The board of registrars shall then issue a second absentee ballot to the applicant and cancel the original ballot issued. The affidavit shall be attached to the original application. A second application for an absentee ballot shall not be required."
Section 10. All laws and parts of laws in conflict with this Act are repealed.

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

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JOURNAL OF THE HOUSE,

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

N Clark.H Clark.L
N Colbert Y Coleman Y Colwell Y Connell
Couch Cox Y Crawford Y Crosby Y Cummings.B Cummings.M
N Davis.C Y Davis.G N Davis.M Y Dixon.H
Y Dixon,S Y Dobbs
Dover YDunn Y Edwards N Ehrhart
Felton Y Fennel Y Floyd Y Foster
Y Godbee N Goodwin Y Green Y Greene
N Gresham N Griffin Y Groover N Hamilton
Hanner Y Harris

N Hasty
N Heard N Herbert Y Holcomb Y Holland Y Holmes Y Hooks N Howren Y Hudson Y Irwin N Isakson
Jackson,,!
Y Jackson.W N 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 Under YLong YLord
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
N Morton Y Moultrie N Mueller
Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
N Pettit Y Pinkston
YPoag Y Porter Y Poston Y Powell
Rainey YRandall N Ransom YRay Y Reaves
Redding Y Richardson
Ricketson Y Robinson Y Royal Y Selman Y Simpson

Y Sinkfield
N Smith,L Y Smith.P Y Smith.T Y Smith.W Y Smyre N Snow Y Stancil.F N Stancil.S Y Stanley
Steele Y Stephens Y Teper Y Thomas.C
Thomas,M Y Thompson Y Thurmond N Titus N Tolbert Y Townsend Y Twiggs N Vaughan
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 adoption of the Committee substitute, the ayes were 119, nays 40. The Committee substitute was adopted.

A substitute, offered by Representative Stancil of the 8th, was ruled out of order.

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 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

Brooks Y Brown YBuck Y Buford YByrd Y Carrell
Y Carter
Y Chambless Chance
N 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
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
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 Y Lawson

YLee
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
Moore
N Morton Y Moultrie N Mueller
Oliver.C Y Oliver.M YOrr

WEDNESDAY, MARCH 8, 1989

2093

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

Y Sinkfield N 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
Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs
Y Vaughan Waddle
Y Walker.C

Y Walker,L YWall Y Ware Y Watson
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 154, nays 6.
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 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 Senate amendment was read:

Amend HB 94 on page 1, line 11, and on page 2, line 16, by inserting after the word "or" the following:
"not more than".

Representative Colwell of the 4th moved that the House agree to the Senate amendment to HB 94.
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 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

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 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 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 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
Oliver.C Y Oliver.M YOrr

2094

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

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
Y Snow
Y Stancil.F Y Stancil.S Y Stanley Y Steele
Stephens

On the motion, the ayes were 162, nays 1. The motion prevailed.

Y Teper Y Thomas.C
Thomas.M Y Thompson
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
Y Wilder
Y Williams.B Y Williams,J N Yates Y Yeargin
Murphy.Spkr

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 411 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman

The following Resolutions of the House were read and adopted:

HR 446. By Representative Murphy of the 18th:
A resolution recognizing Jackson Wiley Hicks on the occasion of his 100th birthday.

HR 447. By Representative Richardson of the 52nd:
A resolution supporting the development of an Autism Resource Center for the State of Georgia.

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

SB 329. By Senator Peevy of the 48th:
A bill to amend Code Section 9-2-61 of the Official Code of Georgia Annotated, relating to renewal of a civil action after dismissal, so as to provide that before a plaintiff institutes a previously dismissed civil action, such plaintiff shall first pay the court costs of the action that such plaintiff previously dismissed.

The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 9-2-61 of the Official Code of Georgia Annotated, relating to renewal of a civil action after dismissal, so as to provide that before a plaintiff institutes

WEDNESDAY, MARCH 8, 1989

2095

a previously dismissed civil action, such plaintiff shall first pay the court costs of the action that such plaintiff previously dismissed; 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; to provide for resumption of such period of limitation; to provide for practices, procedures, and requirements relative to the tolling of the statute of limitations; to provide for a statement of intent; 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 9-2-61 of the Official Code of Georgia Annotated, relating to renewal of a civil action after dismissal, is amended by striking subsection (a) of said Code section in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) When any case has been commenced in either a state or federal court within the applicable statute of limitations and the plaintiff discontinues or dismisses the same, it may be recommenced in a court of this state or, if permitted by the federal rules of civil procedure, in a federal court either within the original applicable period of limitations or within six months after the discontinuance or dismissal, whichever is later, subject to the requirement of payment of costs in the original action as required by subsection (d) of Code Section 9-11-41; provided, however, if the dismissal or discontinuance occurs after the expiration of the applicable period of limitation, this privilege of renewal shall be exercised only once."
Section 2. Article 5 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to tolling of periods of limitation, is amended by inserting immediately following Code Section 9-3-97 a new Code Section 9-3-97.1 to read as follows:
"9-3-97.1. (a) The periods of limitation for bringing an action for medical malpractice as provided in Code Sections 9-3-71 and 9-3-72 shall be tolled if:
(1) The injured person or his duly appointed attorney makes a request by certified or registered mail, return receipt requested, upon any physician, hospital, or other health care provider for medical records in their custody or control relating to such injured person's health or medical treatment;
(2) The request, if made by an injured person's duly appointed attorney, has enclosed therewith a properly executed medical authorization authorizing release of the requested information to said attorney;
(3) Such request expressly requests that the medical records be mailed to the injured person or his attorney by certified or registered mail, return receipt requested;
(4) The injured person or his attorney has promptly paid all fees and costs charged by such physician, hospital, or other health care provider for compiling, copying, and mailing such medical records; and
(5) Such medical records or a letter of response stating that the provider does not have custody of the medical records has not been received by the injured person or his attorney within 21 days of the date of mailing such request. Such periods of limitation shall cease to run on the twenty-second day following the day such request was received and shall resume on the day following the date such medical records, or response stating the provider does not have the medical records, are actually received by such injured person or his attorney; provided, however, that such periods of limitation shall be tolled only once for any cause of action. (b) Any action filed in reliance upon a tolling of the statute of limitations as authorized by this Code section shall be verified and shall contain in the complaint as first filed allegations showing that the plaintiff is entitled to rely upon the provisions of this Code section, and said complaint as first filed shall have attached thereto as exhibits copies of the request, medical release, and evidence of mailing and receipt by certified or registered mail.

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(c) It is intended that the provisions of this Code section tolling the statute of limitations for medical malpractice under certain circumstances be strictly complied with and strictly construed."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Chambless of the 133rd, was read:

A BILL
To amend Code Section 9-2-61 of the Official Code of Georgia Annotated, relating to renewal of a civil action after dismissal, so as to provide that before a plaintiff institutes a previously dismissed civil action, such plaintiff shall first pay the court costs of the action that such plaintiff previously dismissed; 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; to provide for resumption of such period of limitation; to provide for practices, procedures, and requirements relative to the tolling of the statute of limitations; to provide for a statement of intent; to amend Code Section 9-11-9.1 of the Official Code of Georgia Annotated, relating to the requirement of an affidavit to accompany a complaint in an action for medical malpractice, so as to provide for the effect of a failure to file an affidavit; 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 9-2-61 of the Official Code of Georgia Annotated, relating to renewal of a civil action after dismissal, is amended by striking subsection (a) of said Code section in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) When any case has been commenced in either a state or federal court within the applicable statute of limitations and the plaintiff discontinues or dismisses the same, it may be recommenced in a court of this state or, if permitted by the federal rules of civil procedure, in a federal court either within the original applicable period of limitations or within six months after the discontinuance or dismissal, whichever is Iater2 subject to the requirement of payment of costs in the original action as required by subsection (d) of Code Section 9-11-41; provided, however, if the dismissal or discontinuance occurs after the expiration of the applicable period of limitation, this privilege of renewal shall be exercised only once."
Section 2. Article 5 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to tolling of periods of limitation, is amended by inserting immediately following Code Section 9-3-97 a new Code Section 9-3-97.1 to read as follows:
"9-3-97.1. (a) The periods of limitation for bringing an action for medical malpractice as provided in Code Sections 9-3-71 and 9-3-72 shall be tolled if:
(1) The injured person or his duly appointed attorney makes a request by certified or registered mail, return receipt requested, upon any physician, hospital, or other health care provider for medical records in their custody or control relating to such injured person's health or medical treatment which medical records the injured person is entitled by law to receive;
(2) The request, if made by an injured person's duly appointed attorney, has enclosed therewith a properly executed medical authorization authorizing release of the requested information to said attorney;
(3) Such request expressly requests that the medical records be mailed to the injured person or his attorney by certified or registered mail, return receipt requested;
(4) The injured person or his attorney has promptly paid all fees and costs charged by such physician, hospital, or other health care provider for compiling, copying, and mailing such medical records; and

WEDNESDAY, MARCH 8, 1989

2097

(5) Such medical records or a letter of response stating that the provider does not have custody of the medical records has not been received by the injured person or his attorney within 21 days of the date of mailing such request. Such periods of limitation shall cease to run on the twenty-second day following the day such request was received and shall resume on the day following the date such medical records, or response stating the provider does not have the medical records, are actually received by such injured person or his attorney; provided, however, that such periods of limitation shall be tolled only once for any cause of action. (b) Any action filed in reliance upon a tolling of the statute of limitations as authorized by this Code section shall contain in the complaint as first filed allegations showing that the plaintiff is entitled to rely upon the provisions of this Code section, and said complaint as first filed shall have attached thereto as exhibits copies of the request, medical release, and evidence of mailing and receipt by certified or registered mail. (c) Notwithstanding any other provision of this Code section, no period of limitation shall be tolled for a period exceeding 90 days except as provided in this subsection. In the event the procedure set forth in subsection (a) of this Code section has been followed by an injured person but the requested records have not been received within 85 days, the injured person shall have the right to petition the court for an order tolling the period of limitation beyond the 90 days and requiring the delivery of the medical records originally requested. (d) It is intended that the provisions of this Code section tolling the statute of limitations for medical malpractice under certain circumstances be strictly complied with and strictly construed."
Section 3. Code Section 9-11-9.1, relating to the requirement of an affidavit to accompany a complaint in an action for medical malpractice, is amended by adding at the end thereof two new subsections (e) and (f) to read as follows:
"(e) Except as allowed under subsection (b) of this Code section, if a plaintiff fails to file an affidavit as required by this Code section contemporaneously with a complaint alleging professional malpractice and the defendant raises the failure to file such an affidavit in its initial responsive pleading, such complaint is subject to dismissal for failure to state a claim and cannot be cured by amendment pursuant to Code Section 9-11-15 unless a court determines that the plaintiff had the requisite affidavit available prior to filing the complaint and the failure to file the affidavit was the result of a mistake.
(f) If a plaintiff fails to file an affidavit as required by this Code section and the defendant raises the failure to file such an affidavit in its initial responsive pleading, such complaint shall not be subject to the renewal provisions of Code Section 9-2-61 after the expiration of the applicable period of limitation, unless a court determines that the plaintiff had the requisite affidavit available prior to filing the complaint and the failure to file the affidavit was the result of a mistake."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representative Chambless of the 133rd moves to amend the Floor substitute to SB 329 as follows:
By striking on page 3 line 6 in its entirety and substituting in lieu thereof:
"return receipt requested and states therein that the requested records are needed by the injured person for possible use in a medical malpractice action;".

Representative Chambless of the 133rd moves to amend the Floor substitute to SB 329 as follows:
By adding on page 3 line 14 between "custody" and "of" the following:
"or control", and

2098

JOURNAL OF THE HOUSE,

By striking on page 3 line 16 the word "mailing" and substituting in its place "receiving", and by adding on page 3 line 20 between the words "stating" and "the" the word "that", and by adding on page 3 line 21 between the words "have" and "the" the words "custody or control of" and on page 4 line 6 between "records" and "have" by adding the following:
"or a letter of response stating that the provider does not have custody or control of the medical records" and on page 4 line 11 by deleting "requested." and substituting in lieu thereof the following:
"requested or a letter of response stating that the provider does not have custody or control of the medical records."

The Floor substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 105, nays 9.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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

SB 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.

Representative Patten of the 149th moved that the House insist on its position in substituting SB 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 substituting the same:

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.

Representative Groover of the 99th moved that the House insist on its position in disagreeing to the Senate substitute to HB 105 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.

WEDNESDAY, MARCH 8, 1989

2099

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Thomas of the 69th, Groover of the 99th and Chambless of the 133rd.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 267. By Senators Stumbaugh of the 55th, Dawkins of the 45th, Tysinger of the 41st and others:
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; to provide for definitions; to provide for membership in the pool; to provide for operation of the pool; to provide for a board of directors; to provide for powers and duties of the pool.

Representative Ware of the 77th moved that the House adhere to its position in substituting SB 267 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Ware of the 77th, Dunn of the 73rd and Robinson of the 96th.

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

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.

Representative Patten of the 149th moved that the House insist on its position in substituting SB 86.
The motion prevailed.

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

Mr. Speaker: The Senate has disagreed to the House substitute to the following Bill of the Senate:

SB 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.

2100

JOURNAL OF THE HOUSE,

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

HB 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.

The following Senate substitute was read:

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; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Human Resources under the "Children and Youth Act," is amended by striking subparagraph (a)(2)(B), which reads as follows:
"(B) Protective services that will investigate complaints of deprivation, abuse, or abandonment of children and youths by parents, guardians, custodians, or persons serving in loco parentis and, on the basis of the findings of such investigation, offer social services to such parents, guardians, custodians, or persons serving in loco parentis in relation to the problem or bring the situation to the attention of a law enforcement agency, an appropriate court, or another community agency;", and inserting in lieu thereof a new subparagraph (B) to read as follows:
"(B) Abuse incidents that do not involve the child's parent, guardian, or individuals regularly in the family home are criminal in nature, are beyond the purview of protective services, and, upon receipt, shall be referred to local law enforcement agencies, provided however that prior to the transfer of responsibility under this Code section, protective services' shall train local law enforcement personnel pursuant to the guidelines promulgated by the department for cases or reports of child abuse. Protective services' intervention in noncaretaker incidents will occur only when the parent is unwilling or unable to protect the child. Protective services' involvement in intrafamily litigation (i.e. divorce or child custody proceedings) shall be limited to those instances where the court finds the child's welfare is at risk. When a child is determined to be at risk and a parent refuses agency help, treatment services or removal must be imposed by court order. Intervention for medical neglect shall occur only in situations of imminent danger to the child's life, health, or safety. The responsibility for protective services' intervention and involvement under this subparagraph will terminate only after appropriate referral of an alleged incident of child abuse or neglect is made to the appropriate agency as specified by the applicable child abuse protocol required by Code Section 19-1-1;".
Section 2. Said Code section is further amended by striking subparagraph (a)(3)(C), which reads as follows:
"(C) Making social studies and reports to the court with respect to children and youths as to whom petitions have been filed;", and inserting in lieu thereof a new subparagraph (C) to read as follows:
"(C) Making social studies and reports to the court with respect to children and youths who are either within departmental custody or for whom departmental custody has been petitioned. Except upon a specific finding by the Court that financial neglect

WEDNESDAY, MARCH 8, 1989

2101

or physical abuse may exist and therefore a child or children may be at risk, it shall not include instances involving intrafamily litigation such as divorce or child custody proceedings;".
Section 3. The Department of Human Resources shall submit to the General Assembly on an annual basis a study of the anticipated impact of the implementation of this Act and any proposed changes to this Act on the Division of Family and Children Services, county department of family and children services, and other county based services. The first study shall be submitted no later than July 1, 1989.
Section 4. This Act shall become effective on April 15, 1990.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Pettit of the 19th moved that the House disagree to the Senate substitute to HB 390.
The motion prevailed.

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 following Senate substitute was read:

A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Gordon County, Georgia, to the City of Calhoun; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located in the City of Calhoun, Gordon County, Georgia; and
WHEREAS, said real property is described as follows: All that certain tract or parcel of land situate, lying and being in the City of Calhoun, Georgia, and in Land Lot 206 of the 14th District of Gordon County, Georgia, and being more particularly described as a portion of parcel no. 2 of the Western and Atlantic Railroad Valuation Map No. V2/37 as filed in the State of Georgia Archives Building, Fulton County, Georgia, and being more particularly described on a map on file in the State Properties Commission (said tract or property shall be more particularly described by a plat of survey obtained by the City of Calhoun and presented to the State Properties Commission for approval); and
WHEREAS, the State of Georgia currently has the above-described property leased to CSX Transportation, Inc., (formerly known as the Louisville and Nashville Railroad Company and Seaboard System Railroad) until December 31, 2019; and
WHEREAS, the City of Calhoun is interested in using the depot and adjoining property for public purposes.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

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JOURNAL OF THE HOUSE,

Section 2. That the conveyance of the above-described real property shall be conditioned upon the lessee of the Western and Atlantic Railroad, CSX Transportation, Inc., (formerly known as the Louisville and Nashville Railroad Company and Seaboard System Railroad) conveying its interest in said property to the State of Georgia by appropriate instrument.
Section 3. That the State of Georgia, acting by and through its State Properties Commission, is authorized to sell and convey the above-described real property by appropriate instrument to the City of Calhoun for a consideration of $650.00 as long as the property is utilized for public purposes and upon such further considerations, terms, and conditions as directed by the State Properties Commission.
Section 4. That the above-described real property is conveyed only for use for public purposes and the conveyance shall be valid only so long as the City of Calhoun and its successors and assigns continue to use the said property for public purposes; and, should said property be permanently abandoned or the use thereof for public purposes be permanently discontinued, said real property shall revert to the State of Georgia.
Section 5. That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the Official Code of Georgia Annotated, requiring that a conveyance of real property be filed with the State Properties Commission and accompanied by a plat of the property conveyed, the plat or drawing of the property, the conveyance of which is authorized by this resolution, presented to and approved by the State Properties Commission, shall constitute an acceptable plat for filing.
Section 6. That a resolution, Resolution Act No. 47, S. R. 94, authorizing the conveyance of certain state owned real property located in Gordon County, Georgia, to the City of Calhoun, approved April 19, 1979 (Ga. L. 1979, p. 1363), is repealed in its entirety.
Section 7. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval and in accordance with the provisions hereof.
Section 8. That all laws and parts of laws in conflict with this resolution are repealed.

Representative Langford of the 7th moved that the House agree to the Senate substitute to HR 101.
On the motion the ayes were 112, nays 0.
The motion prevailed.

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 Senate substitute was read:

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 courts, so as to change provisions relating to jurisdiction of probate and municipal courts to try traffic offenses under state law; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 8, 1989

2103

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-13-21 of the Official Code of Georgia Annotated, relating to general powers and jurisdiction of probate and municipal courts, is amended by striking subsection (b) in its entirety and inserting in its place a new subsection (b) to read as follows:
"(b) The probate court shall have jurisdiction to issue warrants, try cases, and impose sentence thereon in all misdemeanor cases arising under the traffic laws of the this state in all counties of this state in which there is no city, county, or state court, provided the defendant waives a jury trial. The clerk of the superior court in counties with a population of not less than 9,380 nor more than 9,450 according to the United States decennial census of 1970 or any future such census shall attend the probate court in all cases held for the violation of the traffic laws of this state. The clerk shall record all pleas and judgments and shall receive the same fees as provided for in the superior court. Said fees shall be paid out of the cost assessed by the judge of the probate court in such cases. Like jurisdiction is conferred upon the municipal courts k incorporated
their respective jurisdictions, as HOW ef hereafter fixed by tew: Notwithstanding any provision of law to the contrary, all municipal courts are granted jurisdiction to try and dispose of misdemeanor traffic offenses arising under state law except violations of Code Section 40-6-393 and to impose any punishment authorized for such offenses under general state law, whether or not there is a city, county, or state court in such county, if the defendant waives a jury trial and the offense arises within the territorial limits of the respective jurisdictions as now or hereafter fixed by law."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Porter of the 119th moved that the House agree to the Senate substitute to HB 443.
On the motion the ayes were 103, nays 0.
The motion prevailed.

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 Senate amendment was read:

Amend HB 123 by striking on page 3, line 9, "in paragraph (2)", and
Inserting in lieu thereof "in paragraph (3)".

Representative Smith of the 78th moved that the House agree to the Senate amendment to HB 123.
On the motion the ayes were 112, nays 0.
The motion prevailed.

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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 Senate substitute was read:

A BILL
To amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to 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 for jurisdiction over certain actions; to provide conditions for the reinstatement of licenses which have lapsed for longer than ten years; to provide for editorial revision and removal of certain masculine references; to revise provisions concerning the automatic revocation of a license for the failure of a licensee to notify the Georgia Real Estate Commission of a conviction within a certain time period; to provide conditions under which a broker will not be held responsible for affiliated licensees; to provide for the management and supervision of brokerage activities; to require a broker to establish certain procedures; to provide for certain information an aggrieved person must show to the court in order to recover from the real estate education, research, and recovery fund; to change certain exceptions to the operation of the chapter; to prohibit certain acts; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended by striking Code Section 43-40-6, relating to the seal of the Georgia Real Estate Commission, and inserting in its place a new Code Section 43-40-6 to read as follows:
"43-40-6. The commission shall adopt a seal, which may be either an engraved or ink stamp seal, with the words 'State Real Estate Commission, State of Georgia,' and such other device as the commission may desire included thereon, by which it shall authenticate the acts of the commission. Copies of all records and papers in the office of the commission, certified by the signature of the real estate commissioner and the seal of the commission, shall be received in evidence in all cases equally and with like effect as the originals. The commission shall maintain records so that it may certify the license history of licensees for a period of up to five years preceding the date of certification."
Section 2. Said chapter is further amended by striking subsection (c) of Code Section 43-40-9, relating to nonresident licenses, and inserting in its place a new subsection (c) to read as follows:
"(c) A nonresident license may not be granted to an individual unless that individual is affiliated with a resident or nonresident broker. If a nonresident licensee terminates the affiliation with a broker licensed by the commission, the license of such nonresident shall automatically be terminated unless such nonresident places the license on inactive status or affiliates with another broker licensed by the commission within 14 days. No license shall be issued to any member, officer, independent contractor, employee, or partner of a nonresident partnership or corporation until said partnership or corporation qualifies for a broker's license. A nonresident corporation must obtain from the Secretary of State a certificate of authority to etet as a foreign corporation transact business in this state."

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2105

Section 3. Said chapter is further amended by adding at the end of Code Section 43-40-9, relating to nonresident licenses, two new subsections, to be designated subsections (j) and (k), to read as follows:
"(j) Notwithstanding any other provision of this Code section, a licensed broker of another state may enter into a written agreement with a Georgia broker to conduct the real estate brokerage business in Georgia without first obtaining a Georgia license. The Georgia broker shall be responsible for all real estate brokerage acts performed by the out-of-state broker under such written agreement and for determining that the out-ofstate broker has and maintains an active license in the out-of-state broker's state of residence. For purposes of this subsection, a 'licensed broker of another state' means the licensed broker and other brokers or salespersons licensed under such broker. The licensed Georgia broker and the licensed broker of another state must enter into a separate agreement for each transaction in which they become involved. The Georgia broker shall maintain for at least three years a copy of any written agreement into which such Georgia broker enters with a licensed broker of another state. Each written agreement shall provide:
(1) For procedures to be followed in the event of the out-of-state broker's performing any of the acts of a broker on real property located in Georgia;
(2) How the brokers will divide any earned commissions; (3) That any listing or property management agreement for Georgia real property in which the out-of-state broker will participate shall be in the name of the Georgia broker; (4) That the out-of-state broker shall conduct negotiations with any client of a Georgia broker only with the express permission of the Georgia broker; (5) That any advertisement by any means of Georgia real property shall identify the listing Georgia broker; (6) That any contracts, agreements, or offers on Georgia real property shall clearly identify the Georgia broker and the out-of-state broker with the statement that the out-of-state broker is not licensed by the Georgia Real Estate Commission and that said contract, agreement, or offer shall be construed under Georgia law and that the superior courts of this state shall have jurisdiction over any actions which may be brought against either broker as a result of such contract, agreement, or offer; (7) That any trust funds obtained in any transaction involving any real property in Georgia by an out-of-state broker shall be held in the trust account of the Georgia broker unless agreed otherwise in writing by the party or parties having any interest in said trust funds; and (8) Such other matters as the commission may require by rule and regulation, (k) Whenever an out-of-state broker operating under a written agreement permitted by subsection (j) of this Code section violates any provision of this chapter, for such violation by the out-of-state broker the commission shall be limited to suspending or revoking the Georgia broker's right to enter into such written agreements with out-ofstate brokers unless the Georgia broker participated in or ratified the violation of the out-of-state broker or failed to include in such written agreement all provisions required by subsection (j) of this Code section and the commission's rules and regulations."
Section 4. Said chapter is further amended by striking subsection (f) of Code Section 43-40-12, relating to license fees generally, and inserting in its place a new subsection (f) to read as follows:
"(f) Any licensee whose license lapses for failure to pay a renewal fee may reactivate
reinstate that license within two years of the date of its lapsing by paying the total amount of all renewal fees and late charges which would have been due during the
period when the license was lapsed plus a reactivation reinstatement fee. If any licensee who has passed an examination administered by or approved by the commission allows
a license to lapse for a period longer than two years and less than ten years due solely
to a failure to pay a renewal fee, the licensee may reinstate that license by paying the total amount of all renewal fees and late charges which would have been due during the period when the license was lapsed plus a reactivation reinstatement fee and by success-
fully completing any educational course or courses which the commission may require.

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Any licensee whose license has lapsed for longer than two years and who reactivates reinstates it under the terms of this subsection shall thereafter be subject to the continuing education requirements of subsection (d) of Code Section 43-40-8. Any licensee whose license has lapsed for longer than ten years for failure to pay a renewal fee and who seeks to reinstate that license must meet the education and examination requirements for that license as set forth in subsection (a) or (b) of Code Section 43-40-8."
Section 5. Said chapter is further amended by striking subsections (e) and (h) of Code Section 43-40-15, relating to the granting, revocation, or suspension of licenses, and inserting in their respective places new subsections (e) and (h) to read as follows:
"(e) The conduct provided for in subsections (a), (b), and (c) of this Code section which relates to the denial of a real estate license to an applicant shall also be grounds for suspension or revocation of a license under this chapter when the conduct is that
"(h) Whenever any licensee is convicted of any offense enumerated in subsection (b) of this Code section, the licensee must immediately notify the commission of that conviction. The licensee's license shall automatically be revoked 60 days after the licensee's conviction unless the licensee makes a written request to the commission for a hearing during that 60 day period. The failure of a licensee to notify the commission of the licensee's conviction within 60 days of the date of that conviction shall be grounds for automatically revoking the licensee's license prior to any hearing at the time the commission receives evidence of that conviction. Following any such hearing held pursuant to this subsection, the commission in its discretion may impose upon that licensee any sanction permitted by this chapter."
Section 6. Said chapter is further amended by striking Code Section 43-40-18, relating to the operation of branch offices, and inserting in its place a new Code Section 43-40-18 to read as follows:
"43-40-18. (a) Licensees who operate from more than one place of business shall comply with all local business ordinances affecting their business operations; provided, however, that no provision of this subsection shall be construed as altering the provisions of Code Section 48-13-6.
(b) A real estate broker or qualifying broker shall be held responsible for any licensee whose license is affiliated with him er his such broker's firm should such licensee violate any of the provisions of this chapter and its attendant rules and regulations unless the broker is able to demonstrate that such broker:; Whenever art affiliate liccn-

acts of trie aitiliatc licensee. W nenever tne commission may imd rt necessary to a DroKcr or qualitying uroKcr lor rcsponsi Dility tor tnc actions ot an aiiiliate

tnc seventy Or tnat sanction alter considering wnctncr tne uroKer OF quality ing DroKer:
44-) Had reasonable procedures in pteee fer supervising the affiliate's actions;

\o) participated m trie violation; or

^4^ ixatiiicd tnc violation.

(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 man-

agement 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;

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2107

(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 jts 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 an individual with appropriate management authority is reasonably 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) Is 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;".
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

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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 substituting 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 he 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;
(15) Accepting employment or compensation for appraising real estate, contingent upon the reporting of a predetermined value or issuing an appraisal report on real estate in which he the licensee has an undisclosed interest;
(16) Performing or attempting to perform any of the acts of a licensee on property located in another state without first having been properly licensed in that state or otherwise having complied fully with that state's laws regarding real estate brokerage;
(17) Paying a commission or compensation to any person for performing the
services of a real estate licensee who has not first secured his the appropriate license under this chapter or is not cooperating as a nonresident who is licensed in his such
nonresident's state or foreign country of residence, provided that nothing contained in this subsection or any other provision of this Code section shall be construed so as
to prohibit the payment of earned commissions to the estate or heirs of a deceased real estate licensee when such deceased real estate licensee had a valid Georgia real
estate license in effect at the time the commission was earned and at the time of such
person's death;

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2109

(18) Failing to include a fixed date of expiration in any written listing agreement and failing to leave a copy of said agreement with the principal;
(19) Failing to deliver, within a reasonable time, a completed copy of any purchase agreement or offer to buy or sell real estate to the purchaser and to the seller;
(20) Failure by a broker to deliver to the seller in every real estate transaction, at the time said transaction is consummated, a complete, detailed closing statement showing all of the receipts and disbursements handled by such broker for the seller; or failure to deliver to the buyer a complete statement showing all money received in said transaction from such buyer and how and for what the same was disbursed; the broker shall retain true copies of such statements in his the broker's files;
(21) Making any substantial misrepresentations; (22) Acting for more than one party in a transaction without the knowledge of all parties for whom he the licensee acts; (23) Failure of an associate broker or salesperson to place, as soon after receipt as is practicably possible, in the custody of the broker holding his the licensee's license any deposit money or other money for or funds entrusted to him the licensee by any person dealing with him the licensee as the representative of his the licensee's licensed broker; (24) Filing a listing contract or any document or instrument purporting to create a lien based on a listing contract for the purpose of casting a cloud upon the title to real estate when no valid claim under said listing contract exists; (25) Having demonstrated incompetency to act as a real estate broker or salesperson in such manner as to safeguard the interest of the public or any other conduct whether of the same or a different character than heretofore specified which constitutes dishonest dealing; (26) Obtaining an exclusive listing or sales contract from any owner; while knowing or having reason to believe that another broker has an exclusive listing on the property, unless he the licensee has written permission from the broker having the first exclusive listing; (27) Failing to keep for a period of three years a true and correct copy of all sales contracts, closing statements, and other documents relating to real estate closings or failing to produce documents at the reasonable request of the commission or any of its agents for their inspection; (28) Being or becoming a party to any falsification of any portion of any contract or other document involved in any real estate transaction; or (29) Conducting the closing of any real estate transaction by any licensee except a broker unless the licensee acts under the supervision of the broker under whom such licensee is licensed or under the supervision of a practicing attorney with the knowledge and consent of the broker. (b) When a licensee has previously been sanctioned by the commission or by any other state's real estate brokerage licensing authority, the commission, through its hearing officers, may consider any such prior sanctions in determining the severity of a new sanction which may be imposed upon a finding that the licensee has committed an unfair trade practice, that the licensee has violated any provision of this chapter, or that the licensee has violated any of the rules and regulations of the commission. The failure of a licensee to comply with or to obey a final order of the commission may be cause for suspension or revocation of the individual's license after a hearing."
Section 9. Said chapter is further amended by striking Code Section 43-40-29, relating to exceptions to the operation of the chapter, and inserting in its place a new Code Section 43-40-29 to read as follows:
"43-40-29. (a) Except as otherwise provided, this chapter shall not apply to: (1) Any person who, as owner, as the spouse of an owner, as general partner of a
limited partnership, as lessor, or as prospective purchaser or their regular employees, performs any act with reference to property owned, leased, or to be acquired by such owner, limited partnership, lessor, or prospective purchaser where such acts are performed in the regular course of, or as incident to, the management of such property and the investment therein or any person who manages residential apartment

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complexes under a contract approved by any federal agency for an 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, provided that such person was engaged jn managing such property under such type contract prior to January 1, 1989;
(2) An attorney in fact under a duly executed power of attorney to convey real estate from the owner or lessor;
(3) A licensed practicing attorney acting solely as an incident to the practice of law;
(4) Any person acting as receiver, trustee in bankruptcy, administrator, executor, or guardian; or white acting under a court order or under the authority of a will or of a trust instrument;
(5) Any officer or employee of a government agency in the conduct of official duties;
(6) Any person employed by a public or private utility who performs any act with reference to property owned, leased, or to be acquired by the utility employing that person, where such acts are performed in the regular course of, or as incident to, the management of such property and the investment therein;
(7) Any person who, as owner or through another person engaged by such owner on a full-time basis, buys, sells, leases, manages, auctions, or otherwise deals with property owned by such person;
(8) Any person employed on a full-time basis by the owner of property for the purpose of selling, buying, leasing, managing, auctioning, or otherwise dealing with such property; or
(9) Any person acting as a referral agent who is not involved in the actual negotiations, execution of documents, collection of rent, management of property, or other related activity which involves more than the mere referral of one person to another and who does not receive a fee for such referral from the party being referred. (b) The exceptions provided by subsection (a) of this Code section shall not apply to any person, other than an owner or individuals who are full-time employees of the owner, who performs the acts of a broker on property required to be registered under Article 1, 2, or 5 of Chapter 3 of Title 44. (c) The exceptions provided by subsection (a) of this Code section shall not apply to any person who holds a real estate license. (d) Any individual employed by a broker to manage residential rental property on behalf of the broker under a written management agreement which the broker procured from and negotiated with the owner shall not be required to be licensed under this chapter. Any broker utilizing the services of such an individual shall be held responsible under this chapter for the brokerage activities of that individual. (e) The exceptions in subsection (a) of this Code section are not applicable to a person who uses or attempts to use them for the purpose of evading licensure required

Section 10. Said chapter is further amended by striking subsection (b) of Code Section 43-40-30, relating to persons acting without a license, and inserting in its place a new subsection (b) to read as follows:
"(b) It shall be unlawful for any person, directly or indirectly, to engage in or conduct the business of, or advertise or hold himself or herself out as engaging in or conducting 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 unlicensed person to perform 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.
Representative Byrd of the 153rd moved that the House agree to the Senate substitute to HB 340.

WEDNESDAY, MARCH 8, 1989

2111

On the motion the ayes were 115, nays 0. The motion prevailed.

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 following Senate amendment was read:

"beinAgm".end HB 592 by inserting on page 1, line 20, after the word "not", the word

Representative Smith of the 152nd moved that the House agree to the Senate amendment to HB 592.
On the motion the ayes were 113, nays 0.
The motion prevailed.
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 Senate substitute was read:
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 independent 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 independent loss reserve specialist' means a person who is not an employee, principal, director, or indirect owner of the insurer and either is a member of the casualty actuarial society 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.
(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 independent loss

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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.

Representative Ware of the 77th moved that the House agree to the Senate substitute to HB 182.
On the motion the ayes were 94, nays 0.
The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House amendment No. 2 thereto:

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.

The following Senate amendment was read:

Amend the House amendment No. 2 to SB 183 by striking from such amendment the following:
"$5,000.00",
and inserting in lieu thereof the following:
"$15,000.00".

Representative Thomas of the 69th moved that the House disagree to the Senate amendment to the House amendment No. 2.
The motion prevailed.

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

SB 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.

Representative Thomas of the 69th moved that the House insist on its position in amending SB 185.
The motion prevailed.

WEDNESDAY, MARCH 8, 1989

2113

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

HB 875. By Representative Stancil of the 66th: A bill to create the Morgan County Water and Sewerage Authority.

The following Senate substitute was read:

A BILL
To create the Morgan County Water Authority; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, municipal corporations, the State of Georgia, and its political subdivisions and instrumentalities thereof; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain sewerage systems, both sanitary and storm, sewage disposal systems and sewage treatment plants, and any and all other related facilities; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, method of filling vacancies, compensation, and expenses; to authorize the authority to contract with others in relation to water and sewer utilities and facilities, to contract with others in relation to the use of the utilities and facilities of the authority, and to execute leases and do all things necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority to pay the cost of such undertakings or projects and authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds; to authorize the execution of resolutions and trust indentures to secure the payment of such bonds and to define the rights of the holders of such obligations; to provide that no debt of Morgan County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds of the authority exempt from taxation; to authorize the authority to condemn property of every kind; to authorize the issuance of funding and refunding bonds; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to provide for severability; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; arid for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Short title. This Act shall be known and may be cited as the "Morgan County Water Authority Act."
Section 2. Morgan County Water Authority, (a) There is created a body corporate and politic, to be known as the "Morgan County Water Authority," which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity.
(b) The authority shall consist of five members, all of whom shall be residents of Morgan County, any or all of whom may hold any state or local elective or appointive public office, and none of whom is required to be a user of the facilities of the authority. To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age and a resident of Morgan County for at least one year prior to the date of his appointment and shall not have been convicted of a felony. From and after July 1, 1989, the five members of the authority shall consist of and be selected as provided in this section. Each of the county and municipal governing authorities shall be entitled to appoint one member of the authority. The member appointed by the governing authority of Morgan County shall be appointed for a term of five years and until a successor is

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appointed and qualified. The member appointed by the governing authority of the City of Madison shall be appointed for a term of four years and until a successor is appointed and qualified. The member appointed by the governing authority of the City of Rutledge shall be appointed for a term of three years and until a successor is appointed and qualified. The member appointed by the governing authority of the City of Bostwick shall be appointed for a term of two years and until a successor is appointed and qualified. The member appointed by the governing authority of the City of Buckhead shall be appointed for a term of two years and until a successor is appointed and qualified. No member appointed by the governing authority of Morgan County shall be a resident of the City of Madison, City of Rutledge, City of Bostwick, or City of Buckhead. Members appointed by the governing authority of a municipality need not be a resident of such municipality. Successors to the members appointed as provided in this subsection shall be appointed by the respective governing authority making the original appointment for terms of five years and until their successors are appointed and qualified. Any member of the authority may be appointed to succeed himself. The authority shall select one of its members as chairman, one as vice-chairman, and one as secretary-treasurer, each of whom shall serve in such respective position for the succeeding year and until his or her successor is selected. Three members shall constitute a quorum.
(c) In the event of a vacancy by reason of death, disqualification, resignation, or other reason, the governing body which appointed the member whose position has been vacated shall select and appoint a qualified person to fill the unexpired term of the member whose position has been vacated. A vacancy shall exist in the office of any member of the authority who is convicted of a felony or who enters a plea of nolo contendere thereto; who is convicted of a crime involving moral turpitude or who enters a plea of nolo contendere thereto; who moves his residence from the county; who is convicted of any act of misfeasance, malfeasance, or nonfeasance of his duties as a member of the authority; or who fails to attend any five consecutive regular or special meetings of the authority without an excuse approved by a resolution of the authority. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority. The members of the authority shall serve without compensation, but all members shall be reimbursed from funds available to the authority for their actual expenses necessarily incurred in the performance of their duties. The authority shall make rules and regulations for its own government. The authority shall have perpetual existence. The authority shall meet at least annually in the month of January in each year and at such other times as it may deem necessary.
(d) Except as otherwise allowed by law, all meetings of the authority, whether regular or special, shall be open to the public. The authority may hold public hearings on its own initiative or at the request of residents of Morgan County or residents of any area affected by the actions of the authority.
Section 3. Definitions, (a) As used in this Act, the term: (1) "Authority" means the Morgan County Water Authority created by this Act. (2) "Cost of the project" means the cost of construction; the cost of all lands,
properties, rights, easements, and franchises acquired; the cost of all machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, fiscal agents', and legal expenses, and of plans and specifications, and of other expenses necessary or incident to determining the feasibility or practicability of the project; the cost of administrative expenses and such other expenses as may be necessary or incident to the financing authorized in this Act; the cost of the acquisition or construction of any project; the cost of placing any project in operation; and the cost of condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project.
(3) "Project" means and includes the acquisition, construction, and equipping of
water facilities for obtaining one or more sources of water supply, the treatment of
water, and the distribution and sale of water to users and consumers, including, but

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not limited to, the State of Georgia and its counties and municipalities for the purpose of resale, inside and outside the territorial boundaries of Morgan County, and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate water utility system deemed by the authority to be necessary or convenient for the efficient operation of such type of undertaking. The term "project" shall also mean and include the acquisition, construction, and equipping of all necessary and usual facilities useful and necessary for the gathering of waste matter of every type, including both individual and industrial, and the treatment of sewage of any and every type, including, but not limited to, the acquisition and construction of treatment plants, ponds, and lagoons, inside and outside the territorial boundaries of Morgan County, and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate sewage system deemed by the authority necessary for the efficient operation of a sanitary and storm sewer system. Said water facilities and said sewerage facilities, at the discretion of the authority, may be combined at any time into a water and sewerage system as one revenue-producing undertaking and operated and maintained as such.
(4) "Revenue bond" and "bonds" means revenue bonds as provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., as now or hereafter amended, known as the "Revenue Bond Law," and such type of obligations may be issued by the authority as authorized under said "Revenue Bond Law" and any amendments thereto and, in addition, shall also mean obligations of the authority, the issuance of which is specifically provided for in this Act.
(5) "Users of the facilities" or "users" means and includes each person, firm, partnership, company, corporation, association, organization, municipality, county, school board, political subdivision, authority, or other entity to which water is supplied or sewerage services are provided by the authority through the facilities of the authority and which actually makes payment to the authority for such water or sewerage services as are furnished by the authority. (b) Any project shall be deemed "self-liquidating" if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom and all facilities used in connection therewith will be sufficient to pay the costs of operating, maintaining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.
Section 4. Powers. The authority is authorized: (1) To have a seal and alter the same at its pleasure;
(2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes;
(3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use real property, rights or easements therein, or franchises necessary for its corporate purposes; to use the same so long as its corporate existence shall continue; and to lease or make contracts with respect to the use or disposition of the same in any manner it deems to the best advantage of the authority, the authority having no power to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act. In any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned; and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists unless, at the time such property is acquired, a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance;
(4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and to fix their respective compensations;

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(5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be constructed or acquired. In addition, any and all persons, firms, and corporations; the state; and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable. Without limiting the generality of the foregoing, authority is specifically granted to municipal corporations, counties, and other political subdivisions and to the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of services and facilities by the authority to such municipal corporations, counties, and political subdivisions for terms not exceeding 50 years;
(6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in Section 3 of this Act, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof, including Morgan County;
(7) To make loans with and accept loans and grants of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose;
(8) To make loans with and accept loans and grants of money, materials, or property of any kind from the State of Georgia or any agency, instrumentality, or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency, instrumentality, or political subdivision may impose;
(9) To borrow money for any of its corporate purposes, to execute evidences of such indebtedness, to secure the same, to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;
(10) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short-term loans and to approve, execute, and deliver appropriate evidence of any such indebtedness, which is not in conflict with the Constitution or general laws of this state; and
(11) To do all things necessary or convenient to carry out the powers expressly given in this Act.
Section 5. Revenue bonds. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created in this Act, shall have the power and is authorized to provide by resolution for the issuance of negotiable revenue bonds of the authority for the purpose of paying all or any part of the cost as defined in Section 3 of this Act of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund provided in this Act for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, shall be payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of bonds.
Section 6. Same; form; denomination; registration; place of payment. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereon, which may be at any bank or trust company inside or outside the state. The bonds may be issued in coupon or registered

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form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.
Section 7. Same; signatures; seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the chairman of the authority and the official seal of the authority shall be affixed thereto and attested by the secretary of the authority and any coupon attached thereto shall bear the facsimile signatures of the chairman and the secretary of the authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such person may not have been so authorized or shall not have held such office.
Section 8. Same; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of this state. Such bonds, their transfer, and the income therefrom shall be exempt from all taxation within the state.
Section 9. Same; sale; price; proceeds. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority. The proceeds derived from the sale of such bonds shall be used solely for the purpose or purposes provided in the resolutions and proceedings authorizing the issuance of such bonds.
Section 10. Same; interim receipts and certificates or temporary bonds. Prior to the preparation of any definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.
Section 11. Same; replacement of lost or mutilated bonds. The authority may provide for the replacement of any bonds or coupons which shall become mutilated or be destroyed or lost.
Section 12. Same; conditions precedent to issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special meeting of the authority by a majority of its members.
Section 13. Credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Morgan County or any municipality nor a pledge of the faith and credit of said county or any municipality; but such bonds shall be payable solely from the fund provided for in this Act and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said county or any municipality to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section.
Section 14. Trust indenture as security. In the discretion of the authority, any issuance of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain

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such provisions for the protecting and enforcing of 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 insuring of the project, and the custody, safeguarding, and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority and satisfactory to the original purchasers of the bonds issued therefor and may also require that the security given by contractors and by any 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. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.
Section 15. To whom proceeds of bonds shall be paid. In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes of this Act, subject to such regulations as this Act and such resolution or trust indenture may provide.
Section 16. Sinking fund. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide. Such funds so pledged from whatever source received, including funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund which shall be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal of the bonds as the same shall fall due; (3) The necessary charges of paying agents for paying principal and interest and other investment charges; and (4) Any premium upon bonds retired by call or purchase as provided in this section. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, any surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds, and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued.
Section 17. Remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights given in this Act may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may either at law or in equity, by suit, action, mandamus, or other proceedings, protect

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and enforce any and all rights under the laws of the State of Georgia or granted under this Act or under such resolution or trust indenture and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.
Section 18. Refunding bonds. The authority is authorized to provide by resolution for the issuance of bonds of the authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.
Section 19. Validation. Bonds of the authority shall be confirmed and validated in accordance with the procedure of the "Revenue Bond Law," Article 3 of Chapter 82 of Title 36 of the O.C.G.A. The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated; and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the basis for the security for the payment of any such bonds of the authority. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the authority issuing the same and the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the said Morgan County Water Authority.
Section 20. Venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Morgan County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such action.
Section 21. Interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. No other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interests and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds, and, upon the issuance of bonds under the provisions of this Act, shall constitute a contract with the holders of such bonds.
Section 22. Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
Section 23. Purpose of the authority, (a) Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of acquiring an adequate source or sources of water supply, treatment of such water, and thereafter the distribution of the same to the various municipalities and citizens in Morgan County and environs, including adjoining counties and municipalities located therein, and further

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for the general purpose of gathering and treatment of waste, both individual and industrial; but such general purpose shall not restrict the authority from selling and delivering water directly to consumers in those areas where there does not now exist water distribution systems or furnishing sewer facilities to such customers and areas where neither any county nor municipality deems it desirable or feasible to furnish water in such locality.
(b) The authority shall also have the authority, where it deems it feasible, to sell its products and services to customers, governmental agencies, or governmental instrumentalities of adjoining states, providing the laws of the adjoining states do not prohibit or tax said activity.
(c) The authority shall not have the authority to construct water lines for the distribution of water directly to customers within any municipality without first obtaining the express written consent of the appropriate governing body of said municipality and, likewise, the authority shall not have the authority to construct sewer lines directly to customers for the collection of waste and sewage inside any municipality without first obtaining the express written consent of the appropriate governing body of said municipality.
Section 24. Rates, charges, and revenues; use. The authority is authorized to prescribe and fix rates and to revise the same from time to time and to collect fees, tolls, and charges for the services, facilities, and commodities furnished and, in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as provided in this Act to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvements, betterment, or extension of a water system, a sewerage system, or a combined water and sewerage system and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments, or extensions thereto thereafter made.
Section 25. Rules and regulations for operation of projects. It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed or acquired under the provisions of this Act, including the basis upon which water service and facilities, sewerage service and facilities, or both, shall be furnished.
Section 26. Tort immunity. The authority shall have the same immunity and exemption from liability for torts and negligence as Morgan County; and the officers, agents, and employees of the authority when in the performance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of Morgan County when in the performance of their public duties or work of the county.
Section 27. Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized by this Act, shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing.
Section 28. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts of this Act would be declared or adjudged invalid or unconstitutional.
Section 29. Effect on other governments. This Act shall not and does not in any way take from Morgan County nor any municipality located therein or any adjoining county the authority to own, operate, and maintain a water system, a sewerage system, or a combined water and sewerage system or to issue revenue bonds as is provided by the "Revenue Bond Law," Article 3 of Chapter 82 of Title 36 of the O.C.G.A.

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Section 30. Liberal construction of Act. This Act, being for the welfare of various political subdivisions of the state and its inhabitants, shall be liberally construed to effect the purposes of this Act.
Section 31. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 32. Repealer. All laws and parts of laws in conflict with this Act are repealed.

Representative Stancil of the 66th moved that the House agree to the Senate substitute to HB 875.
On the motion the ayes were 110, nays 0.
The motion prevailed.

HB 965. By Representative Greene of the 130th: A bill to create a board of commissioners of Webster County.

The following Senate amendment was read:

Amend HB 965 as follows:
By striking the word "Marian" where it appears in line 4 on page 2 and inserting in lieu thereof the word "Marion".
By inserting in line 11 on page 2 the word "centerline" and the word "Georgia" the word "or*.
By inserting in line 16 on page 2 between the word "Road" and the word "to" the number "10."
By inserting in line 28 on page 2 between the word "with" and the word "centerline" the word "the".
By striking from lines 3 and 4 on page 7 the words "road commissioner" inserting in lieu thereof the words "chief administrative officer".
By striking from line 4 on page 7 the following:
". The road commissioner"
and inserting in lieu thereof the word "and".
By striking from line 8 on page 7 the words "road department." and inserting in lieu thereof the words "county for road construction or maintenance purposes."

Representative Greene of the 130th moved that the House agree to the Senate amendment to HB 965.
On the motion the ayes were 110, nays 0.
The motion prevailed.

HB 1022.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said officer; to provide for an alternative salary under certain conditions.

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The following Senate substitute was read:

A BILL
To amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4766), so as to change the compensation of said officer; 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 placing the judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4766), is amended by striking Section 1 and substituting in lieu thereof the following:
"Section 1. The salary provided in this section for the judge of the probate court shall be his full and complete compensation; and all fees or other emoluments now allowed, or hereafter allowed by any authority of law, including compensation earned as custodian of vital records, or any source for which said judge is entitled heretofore and which he earns or receives by reason of being the probate judge whether under color of the office of probate judge or not shall henceforth be county funds and accountable as such in the same manner as other county funds received by said judge of the probate court. The salary of said judge of the probate court shall be $62,000.00 per annum payable monthly out of the funds of Clayton County."
Section 2. This Act shall become effective on July 1, 1989.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Bailey of the 72nd moved that the House agree to the Senate substitute to HB 1022.
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 Bill of the Senate was taken up for consideration and read the third time:

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.

The following Committee substitute was read:

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 a least one statutory aggravating circumstance but is unable to render a sentencing verdict; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, is amended by striking Code Section 17-10-31, relating to the requirement of a jury finding of an aggravating circumstance and recommendation that the death penalty be imposed prior to imposition of a death sentence, and inserting in lieu thereof a new Code Section 17-10-31 to read as follows:
"17-10-31. (a) Where, upon a trial by jury, a person is convicted of an offense which may be punishable by death, a sentence of death shall not be imposed unless the jury verdict includes a finding of at least one statutory aggravating circumstance and a recommendation that such sentence be imposed. Where a statutory aggravating circumstance is found and a recommendation of death is made, the court shall sentence the defendant to death. Where a sentence of death is not recommended by the jury, the court shall sentence the defendant to imprisonment as provided by law. Unless the jury trying the case makes a finding of at least one statutory aggravating circumstance and recommends the death sentence in its verdict, the court shall not sentence the defendant to death, provided that no such finding of statutory aggravating circumstance shall be necessary in offenses of treason or aircraft hijacking. This Code section shall not affect a sentence when the case is tried without a jury or when the judge accepts a plea of guilty.
(b) Notwithstanding anything to the contrary contained in subsection (a) of this Code section, effective July 1, 1989, if a person is convicted of an offense which may be punishable by death and the jury makes a finding of at least one statutory aggravating circumstance but is unable to agree on a verdict as to a sentence of life imprisonment or death and the judge has determined that the jury hi deadlocked, then the trial court shall inquire as to the numerical division of the jury and shall impose sentence based on this numerical division as follows:
(1) If the trial judge determines that even though the jury has found the existence of at least one statutory aggravating circumstance, the jury is deadlocked as to the sentence to be imposed, and the jury is divided as to sentence with less than ten jurors being in favor of imposing a sentence of death, the trial judge shall impose a life sentence; or
(2) If the trial judge determines that even though the jury has found the existence of at least one statutory aggravating circumstance, the jury is deadlocked as to the sentence to be imposed, and if not less than ten out of 12 of the jurors are in favor of imposing the death sentence, the trial judge shall then, in the judge's discretion, sentence the person to life imprisonment or death relying upon the same evidence as previously submitted to the jury."
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 SB 25 as follows:
By inserting on line 13 page 2 after "effective" the words "with respect to offenses occurring after".

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:

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JOURNAL OF THE HOUSE,

Y Aaron N Abernathy Y Adams Y Aiken
Alford Alien Y Athon Y Atkins Y Bailey N Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Beck Y Benefield
YBenn Y Birdsong N Bishop Y Bostick Y Branch Y Breedlove
N Brooks Y Brown YBuck Y Buford YByrd Y Carrell
Y Carter Y Chambless Y Chance
Cheeks Y Childers
Clark.B

N Clark.H Clark.L
Y Colbert Y Coleman
Colwell Connell
Couch Cox Y Crawford Y Crosby Y Cummings.B Cummings.M
Y 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
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 N 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
Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord N Lucas Y Lupton
Y Mangum N Martin Y McCoy
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 N Oliver.M YOrr
N Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Y Pettit Pinks ton
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
Selman Y Simpson

Sinkfield Y Smith.L Y Smith,? Y Smith.T Y Smith, W
Smyre
YSnow Y Stancil,F Y Stantil.S Y Stanley Y Steele Y Stephens N Teper
Y Thomas.C N Thomas.M Y Thompson N Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan
Waddle Walker.C
Y Walker.L Y Wall Y Ware Y Watson Y Watts N 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 136, nays 17.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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

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

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.

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

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.

WEDNESDAY, MARCH 8, 1989

2125

The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

SB 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.

The President has appointed on the part of the Senate the following: Senators Garner of the 30th, Kennedy of the 4th and Kidd of the 25th.

The following Resolution of the House was read:

HR 448. By Representatives Murphy of the 18th, Connell of the 87th, Lee of the 72nd, Walker of the 115th, Groover of the 99th 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 10:00 P.M. on Wednesday, March 8, 1989, and shall reconvene at 10:00 A.M. on Monday, March 13, 1989.

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 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
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
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 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 Hooka 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 LaneJD 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 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 Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson
Robinson Y Royal Y Selman Y Simpson

Y Sinkfield
Y Smith.L Y Smith,? 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
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

2126

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the ayes were 158, nays 0. The Resolution was adopted.

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

HB 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.

Representative Pannell of the 122nd moved that the House insist on its position in disagreeing to the Senate substitute to HB 209 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Childers of the 15th, Pannell of the 122nd and Parham of the 105th.

The Speaker Pro Tem assumed the Chair.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
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 report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 225
The Committee of Conference on HB 225 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 225 be adopted.
Respectfully submitted,

WEDNESDAY, MARCH 8, 1989

2127

FOR THE SENATE:
/s/ CSeunlvaetor rK, i2d5dth District
/s/ Gene Walker Senator, 43rd District
/s/ Tommy C. Olmstead Senator, 26th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Jlm panne11 Representative, 122nd District
/s/ pete Robingon Representative, 96th District
/s/ Bill Cummings Representative, 17th District

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 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 thereto; 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 eight 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 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 one-half of the difference between such value and the current fair market value exclusive of the provisions of this subparagraph; and
(iii) 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:

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JOURNAL OF THE HOUSE,

"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 subsection, 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.
{e) (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 percent for the tax year 1971. No tax jurisdiction so exempted shall assess at a ratio of less than 40 percent except as necessary to effect the preferential assessment provided in subsection (b) of this Code section.
(4) (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

WEDNESDAY, MARCH 8, 1989

2129

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 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 his-
toric 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 percent 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 struc-
ture, 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

2130

JOURNAL OF THE HOUSE,

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 assessment 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 provided 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.
(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 ta;; 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

WEDNESDAY, MARCH 8, 1989

2131

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.

Representative Pannell of the 122nd moved that the House adopt the report of the Committee of Conference on HB 225.
On the motion, the ayes were 110, nays 2.
The motion prevailed.

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

SB 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.

The following Committee substitute was read and adopted:

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 provisions relating to the district attorney or a member of his staff conducting proceedings on behalf of the state; to provide for access to records in such proceedings; to repeal certain provisions relating to requests; to repeal certain restrictions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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, is amended by striking subsection (e) of said Code section and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) In any delinquency proceeding in which a petition has been filed in which the delinquent act would constitute a felony if committed by aft adult, the district attorney or a member of his staff must shall conduct the proceedings on behalf of the state if requested to do so by the juvenile court at least 96 hours prior te the proceeding, if the

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JOURNAL OF THE HOUSE,

state is not otherwise represented by a solicitor of the juvenile court. Notwithstanding any other provisions of law to the contrary, in any delinquency proceedings conducted by the district attorney or a member of his staff, the district attorney or staff member shall be entitled to complete access to all court files, probation files, hearing transcripts, delinquency reports, and any other juvenile court records which may be of assistance to the district attorney or staff member in the conduct of such delinquency proceedings. It shall be the duty of the clerk and probation officers of the juvenile court to assist the district attorney or staff member in obtaining any such files, transcripts, reports, or records, or copies thereof, as may be requested by the district attorney or staff member. In any such case, the petition shall be dismissed by the court upon the motion of the district attorney setting forth that there is not sufficient evidence to warrant the further conduct of the proceeding."
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 106, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

The report of the Committee, which was favorable to the passage of 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
Y 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 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
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
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 N Hudson

Y Irwin
Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore N 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 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 YRandall
Y Ransom

WEDNESDAY, MARCH 8, 1989

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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
Waddle
Y Walker.C Walker.L
Y Wall Y Ware

Y Watson
Y Watte 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 3. The Bill, having received the requisite constitutional majority, was passed.

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

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

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.

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

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 Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

SB 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.
The President has appointed on the part of the Senate the following:
Senators Allgood of the 22nd, Kidd of the 25th and Stumbaugh of the 55th.

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JOURNAL OF THE HOUSE,

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

SB 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.

The following amendment was read and adopted:

Representative Smith of the 78th moves to amend SB 255 as follows: Line 20 page 1 strike "20" and insert in lieu thereof "30". Line 9 page 2 strike 20 and insert "30". Line 14 page 2 strike "20" insert "30". Line 20 page 2 strike "20" and insert "30".

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

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.

The following amendment was read and adopted:

The Committee on Appropriations moves to amend SB 240 by redesignating Section 3 as Section 4 and by adding a new Section 3 to read as follows.
Section 3. Code Section 20-2-697 of the Official Code of Georgia Annotated, relating to attendance reporting of students, is amended by striking subsection (a) of said Code Section in its entirety and substituting a new subsection (a) to read as follows:
"(a) Visiting teachers and attendance officers shall receive the cooperation and assistance of all teachers and principals of public schools in the county er independent local school systems within which they are appointed to serve. It shall be the duty of the principals or local school site administrators and of the teachers of all public schools to report, in writing, to the visiting teacher or attendance officer of the county frf ef the independent local school system the names, ages, and residences of all pupils students in attendance at their schools and classes within 30 days after the beginning of the school term or terms and to make such other reports of attendance in their schools or classes as may be required by rule or regulation of the State Board of Education. All public schools shall keep daily records of attendance, verified by the teachers certifying such records. Such reports shall be open to inspection by the visiting teacher, attendance officer, or duly authorized representative at any time during the school day. Such records ad reports

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required by the State Board ef Education, except with the permission ef the parent or guardian ot a cnild 01* pursuant to tnc suopocna or st court Or competent jurisdiction. Any such attendance records and reports which identify students by name shall be used only for the purpose of providing necessary attendance information required by the state board or by law, except with the permission of the parent or guardian of a child or pursuant to the subpoena of a court of competent jurisdiction. Such attendance records shall also be maintained in a format which does not identify students by name, and in this format which does not identify students by name, and in this format shall be a part of the data collected for the student record component of the statewide comprehensive educational information network pursuant to subsection (b) of Code Section 20-2-320 and for the annual profiles pursuant to subsection (d) of Code Section 20-2-282."
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 109, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:
SB 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.
Representative Colwell of the 4th moved that the House adhere to its position in substituting SB 257 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 Sonate.
The motion prevailed.
The Speaker Pro Tern appointed as a Committee of Conference on the part of the House the following members:
Representatives Colwell of the 4th, Foster of the 6th and Watts of the 41st.
The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:
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 report of the Committee of Conference was read:

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COMMITTEE OF CONFERENCE REPORT ON SB 38

The Committee of Conference on SB 38 recommends that the House of Representatives recede from its position and that the bill as passed by the Senate be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Pierre Howard
Senator, 42nd District
/s/ C. Donald Johnson, Jr. Senator, 47th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ E- M- Childers Representative, 15th District
/s/ Eleanor L. Richardson Representative, 52nd District

/s/ Terrell A. Starr Senator, 44th District

/s/ Helen Selman Representative, 32nd District

Representative Childers of the 15th moved that the House adopt the report of the Committee of Conference on SB 38.
On the motion, the ayes were 103, nays 0.
The motion prevailed.

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

SB 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.

Representative Twiggs of the 4th moved that the House insist on its position in substituting SB 260.
The motion prevailed.

The following Resolutions of the House were read and adopted:

HR 449. By Representatives White of the 132nd, McKinney of the 35th, Holmes of the 28th, Lucas of the 102nd, Thomas of the 31st and others:
A resolution commending Mr. Sylvester Strong, Sr.

HR 450. By Representative Parham of the 105th: A resolution commending the John Milledge Academy girls basketball team.

HR 451. By Representatives Williams of the 48th and Isakson of the 21st: A resolution commending Mrs. Jamalyn Matthews Cannon.

HR 452. By Representatives Williams of the 48th and Isakson of the 21st: A resolution commending Ms. Lianna B. Bebeau.

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HR 453. By Representatives Adams of the 79th and Edwards of the 112th:
A resolution expressing regret at the passing of Mr. Johnnie Enoch Bentley, Sr.

HR 454. By Representative Mueller of the 126th: A resolution commending Mayor Douglas T. Ellis.

HR 455. By Representatives Porter of the 119th, Ware of the 77th, Murphy of the 18th, McDonald of the 12th, Edwards of the 112th and others:
A resolution commending the Georgia Optometric Association.

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

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

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

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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.
The following Bill of ths House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
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.
Representative Milam of the 81st moved that the House insist on its position in disagreeing to the Senate substitute to HB 719 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker Pro Tern appointed as a Committee of Conference on the part of the House the following members:
Representatives Milam of the 81st, Alford of the 57th and Ware of the 77th.
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 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 Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

SB 270. By Senator Barnes of the 33rd:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change the provisions relating to notices of special meetings of agencies; to define the term "agency" as used in the laws relating to inspection of public records.

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The President has appointed on the part of the Senate the following: Senators Barnes of the 33rd, Allgood of the 22nd and Foster of the 50th.

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

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.

The following Senate amendment was read:

Amend HB 590 by striking from line 24 on page 1 the word "three" and inserting in lieu thereof the word "five".

Representative Thomas of the 69th moved that the House agree to the Senate amendment to HB 590.
On the motion the ayes were 91, nays 0.
The motion prevailed.

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.

The following Senate substitute was read:

A BILL
To create the Rome-Floyd County Commission on Children and Youth; to provide for the manner of appointment of members; to provide for terms, duties, and powers; to authorize the commission to receive and expend funds; to provide for all related matters; to provide for an annual report; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) There is created the Rome-Floyd County Commission on Children and Youth. The commission shall be composed of 21 members as follows:
(1) Three members to be appointed by the Floyd County legislative delegation to serve for initial terms of one year, which members shall be one from each of the following fields or professions: legislature, media, and child welfare;
(2) Three members to be appointed by the juvenile court judge of Floyd County to serve for initial terms of one year, which members shall be one each from the fields of education, religion, and social work;
(3) Three members to be appointed by the board of commissioners of Floyd County, which members shall be one commissioner from said board, one law enforcement officer, and one housewife-mother, who shall each serve for an initial term of two years;

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(4) Three members to be appointed by the board of commissioners of the City of Rome, which members shall be one commissioner from said board, one law enforcement officer, and one housewife-mother, who shall each serve for an initial term of two years;
(5) One member to be appointed by the Rome Chamber of Commerce representing business or civic interests, who shall serve for an initial term of one year;
(6) One member to be appointed by the director of District 1 of the Department of Human Resources representing the nursing profession, to serve for an initial term of one year;
(7) Two members to be appointed by the director of the Coosa Valley Mental Health Center, which members shall be one substance abuse counselor and one mental health professional, to serve for initial terms of two years;
(8) The director of District 1 of the Department of Human Resources and the juvenile court judge of Floyd County, who shall serve for initial terms of two years;
(9) One member to be appointed by the Rome Central Labor Union to serve for an initial term of one year;
(10) An attorney to be appointed by the Rome Bar Association to serve for an initial term of one year; and
(11) One member to be appointed by the director of the Rome Boys Club to serve for an initial term of one year. (b) Following the initial appointments, all appointments shall be made for terms of two years and until a successor is appointed and qualified. Members of the commission shall be eligible for reappointment. (c) All appointments to the commission shall be made within 30 days after the effective date of this Act. All persons appointed to serve on the Rome-Floyd County Commission on Children and Youth shall be residents of Floyd County. If a member of the commission moves his or her residence from the county, that member's position shall immediately become vacant and shall be filled in the same manner as the initial appointment.
Section 2. After the appointments of all members, the full membership of the commission shall hold an organizational meeting as soon as practicable. The director of District 1 of the Department of Human Resources shall be the chairperson from the membership who shall serve for a term of two years; thereafter, the members of the commission shall elect a chairperson from its membership. The members of the commission shall elect such other officers as it deems necessary from its membership at the organizational meeting.
Section 3. The commission shall undertake a study of the needs, issues, and problems relating to children and youth. The commission shall gather data on issues related to children and youth; identify specific problems and areas of concern related to children and youth; propose solutions to problems and ways of ameliorating concerns; plan and implement programs to effectuate solutions; secure and expend funds for programs; identify and coordinate existing resources for dealing with problems of children and youth; and publicize and disseminate information relating to issues of children and youth. The commission may adopt such rules or procedures as it finds necessary or desirable for the governance of its operation. The members of the commission shall serve without compensation or reimbursement for expenses from public funds.
Section 4. The commission is authorized to receive, accept, and expend funds from public or private sources for programs to benefit the children and youth of the City of Rome and Floyd County. The commission is authorized to expend such funds to employ a coordinator, who shall not be a member of the commission, for such programs. The salary of such coordinator shall be set by the commission.
Section 5. The commission shall make an annual report on July 1 of each year of its findings and recommendations to the Floyd County legislative delegation, the juvenile court judge of Floyd County, the Board of Commissioners of Floyd County, the Board of Commissioners of the City of Rome, the Rome Chamber of Commerce, the director of the

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Coosa Valley Mental Health Center, the director of District 1 of the Department of Human Resources, and to any individual or group providing funds to the commission.
Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Childers of the 15th et al. move to amend the Senate substitute to HB 789 by deleting from line 11 of page 1 the number "21" and inserting in its place the number "22".
By deleting from line 26 of page 1 and line 5 of page 2 the phrase "housewife-mother" and inserting in lieu thereof the phrase "member at large".
By deleting lines 11 through 14 of page 2 and inserting in lieu thereof the following:
"Two members to be appointed by the district medical director, District 1, Unit 1 of the Department of Human Resources, to serve for initial terms of one year;".
By deleting from line 20 of page 2 and lines 14 and 15 of page 3 the words "director of District 1" and inserting in lieu thereof "district medical director, District 1, Unit 1".
By deleting from lines 22 and 23 on page 2 the symbol and words ", who shall serve for initial terms of two years".
By deleting from lines 24 and 25 of page 2 the words "Rome Central Labor Union" and inserting in lieu thereof the words "President of the Rome Central Labor Council".
By deleting lines 30 through 32 of page 2 and inserting in lieu thereof the following:
"(11) One member who shall be the director of the Rome Boys Club or his designee, to serve for an initial term of one year."
By deleting from line 3 of page 4 the words "or reimbursement for expenses from public funds".
By redesignating Sections 6 and 7 on page 4 as Sections 7 and 8, respectively.
By adding between lines 21 and 22 of page 4 the following:
"Section 6. Each member of the commission shall be given the following oath to be administered by the senior judge of the Superior Court of Floyd County:
'Recognizing the fact that there are many social, economic, and educational issues that prevent our children from achieving their potential and desiring to play a part in improving these adverse conditions, I, ________________, do solemnly swear that as a member of the Rome-Floyd County Commission on Children and Youth I will fulfill the duties and responsibilities of my appointment to the best of my ability.'"

Representative Childers of the 15th moved that the House agree to the Senate substitute, as amended by the House, to HB 789.
On the motion the ayes were 110, nays 0.
The motion prevailed.

The following Resolutions of the House were read and adopted:

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HR 456. By Representatives Bailey of the 72nd, Holcomb of the 72nd, Benefield of the 72nd, Davis of the 72nd and Lee of the 72nd:
A resolution commending the Morrow Senior High School Health Occupation Club's project SPLASH.

HR 457. By Representatives Bailey the 72nd, Holcomb of the 72nd, Benefield of the 72nd, Davis of the 72nd and Lee of the 72nd:
A resolution commending the Riverdale Cubs baseball team.

HR 458. By Representatives Bailey of the 72nd, Holcomb of the 72nd, Benefield of the 72nd, Davis of the 72nd and Lee of the 72nd:
A resolution commending the Fraternal Order of Clayton County Firefighters, Inc.

HR 459. By Representative Bailey of the 72nd:
A resolution congratulating Mr. and Mrs. Joseph Lawrence Knight on their sixtieth wedding anniversary.

HR 460. By Representatives Bailey of the 72nd, Holcomb of the 72nd, Benefield of the 72nd, Davis of the 72nd and Lee of the 72nd:
A resolution commending Honorable James Clifford "Charley" Griswell.

HR 461. By Representatives Holland of the 136th, Murphy of the 18th, Lee of the 72nd, Walker of the 115th, McDonald of the 12th and others:
A resolution commending Honorable Earleen Sizemore.

HR 462. By Representative Edwards of the 112th: A resolution commending Sidney A. "Tood" Roberson.

Representative Mangum of the 57th District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 350 Do Pass, as Amended
Respectfully submitted, /s/ Mangum of the 57th
Chairman

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

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

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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.

The Speaker assumed the Chair.

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

HB 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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 474

The Committee of Conference on HB 474 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 474 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Thomas F. Allgood
Senator, 22nd District
/s/ Terrell A. Starr Senator, 44th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Te"y Coleman Representative, 118th District
/s/ wiUiam j. Dovei. Representative, llth District

/s/ Loyce W. Turner Senator, 8th District

/s/ Calvin Smyre Representative, 92nd District

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 items with respect to the levy or imposition of certain 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

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1 percent sales and use tax and certain other local sales and use taxes; 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 for effective dates and applicability; 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 48-8-3, relating to exemptions regarding the state sales and use tax, to be designated paragraph (54), to read as follows:
"(54) (A) On and after September 1, 1990, the retail sale for off-premises human consumption, use, or consumption of: fresh, uncooked, and not canned or processed poultry, fish, beef, seafood, and pork (including pork sausage); fresh eggs; milk, cream, ice cream, sherbet, and yogurt; flour, flour mixes, cornmeal, grits, and milled rice; bread, biscuits, rolls, and muffins; fresh, uncooked, and not canned or processed fruits (including citrus fruits and melons); fresh, uncooked, and not canned or processed vegetables; honey; peanuts and pecans; baby food and baby formula; salt and sugar, salt and sugar substitutes, and other sweeteners and syrups. The exemptions 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 exemptions 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

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'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 exemptions 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.
(c) It is specifically declared to be the intent of the General Assembly that taxation imposed on sales of motor fuel wholly or partially subject to taxation under this Code section shall not constitute motor fuel taxes for purposes of any provision of the Constitution providing for the automatic or mandatory appropriation of any amount of funds equal to funds derived from motor fuel taxes."
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 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

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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 ail sales and use taxes imposed by this article relating to the tangible personal property by paying in a lump sum 9 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 shell 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 commis-
sioner the tax imposed on the transaction. If payment is received directly from the pur-
chaser, 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 continu-
ing 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.

WEDNESDAY, MARCH 8, 1989

2147

(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:
"(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

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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 food 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 food to the extent provided for in paragraph (54) of Code Section 48-8-3."
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 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

WEDNESDAY, MARCH 8, 1989

2149

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. (a) As used in this section, the term "building and construction materials" means all building and construction materials, supplies, fixtures, or equipment, any combination of such items, and any other leased or purchased articles when the materials, supplies, fixtures, equipment, or articles are to be utilized or consumed during construction or are to be incorporated into construction work pursuant to a bona fide written construction contract.
(b) The increased rate of state sales and use taxation provided for in this Act shall not apply with respect to the sale or use of building and construction materials when the contract pursuant to which the materials are purchased or used was advertised for bid prior to April 1, 1989, and the contract was entered into as a result of a bid actually submitted in response to the advertisement prior to April 1, 1989; provided, however, that any such sale or use shall remain fully taxable at the prior rate of taxation.
(c) With respect to services which are regularly billed on a monthly basis, the increased rate of state sales and use taxation provided for in this Act shall apply to services billed on or after April 1, 1989; provided, however, that any such services billed prior to such date shall remain fully taxable at the prior rate of taxation.
Section 16. This Act shall become effective on April 1, 1989.
Section 17. All laws and parts of laws in conflict with this Act are repealed.

Representative Coleman of the 118th moved that the House adopt the report of the Committee of Conference on HB 474.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Abernathy Y Adams N Aiken Y Alford
Alien Y Athon
N Atkins Y Bailey Y Baker Y Balkcom N Bannister Y Barfoot
Y Bargeron Y Barnett.B N Barnett.M Y Beck Y Benefield Y Benn
Y Birdsong Y Bishop Y Bostick Y Branch
N Breedlove Brooks

Y Brown
YBuck N Buford YByrd Y Canell 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
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 Pelton Y Fennel Y Floyd N Foster Y Godbee N Goodwin Y Green
Y Greene N Gresham N Griffin Y Groover
Y Hamilton Y Manner 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 N 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 Y 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 Y Orr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish

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JOURNAL OF THE HOUSE,

Patten
Y Pettit
Y Pinkston Y Poag
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
N Smith.P

Y Smith.T
Y Smith.W
Y Smyre Y Snow
Y Stancil.F N Stancil.S Y Stanley Y Steele Y Stephens Y Teper
Y Thomas.C

On the motion, the ayes were 129, nays 40. The motion prevailed.

Y Thomas.M
Y Thompson
Y Thurmond Y Titus
N Tolbert N Townsend Y Twiggs N Vaughan
Waddle Walker.C
Y Walker,L

N Wall
Y Ware
Y Watson Y Watts
N White N Wilder N Williams,B
Williams,J N Yates Y Yeargin
Murphy.Spkr

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

Mr. Speaker:
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

SB 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.

The President has appointed on the part of the Senate the following: Senators Barnes of the 33rd, Gillis of the 20th and McKenzie of the 14th.

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

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 following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 270. By Senator Barnes of the 33rd:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change the provisions relating to notices of special meetings of agencies; to define the term "agency" as used in the laws relating to inspection of public records.

WEDNESDAY, MARCH 8, 1989

2151

Representative Groover of the 99th moved that the House adhere to its position in substituting SB 270 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Groover of the 99th, Lee of the 72nd and Connell of the 87th.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 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.

Representative Ware of the 77th moved that the House adhere to its position in substituting SB 30 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Ware of the 77th, Groover of the 99th and Lawson of the 9th.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 86. By Senators Parnes 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.

Representative Groover of the 99th moved that the House adhere to its position in substituting SB 86 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:

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JOURNAL OF THE HOUSE,

Representatives Groover of the 99th, Patten of the 129th and Smyre of the 92nd.

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 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.

Representative Thomas of the 69th moved that the House insist on its position in disagreeing to the Senate substitute to HB 139 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Thomas of the 69th, Robinson of the 96th and Porter of the 119th.

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

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

HB 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 Senate insists on its substitute to the following Bill 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.

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

WEDNESDAY, MARCH 8, 1989

2153

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.

The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:
SB 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.

The President has appointed on the part of the Senate the following: Senators Foster of the 50th, Deal of the 49th and Dawkins of the 45th.

The following Resolution of the House was read and adopted:

HR 463. By Representative Murphy of the 18th:
A resolution welcoming Mr. William C. L. Lin and Mr. Yung Ching Wang as representatives of the Nan Ya Plastics manufacturing firm from Taiwan.

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

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.

Representative Holmes of the 28th moved that the House insist on its position in substituting SB 165.
The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 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.

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JOURNAL OF THE HOUSE,

Representative Colwell of the 4th moved that the House adhere to its position in amending SB 1 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Colwell of the 4th, Crawford of the 5th and Twiggs of the 4th.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

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 Senate amendment was read:

Amend HB 469 by adding after the first semicolon on line 5 of page 1 the following:
"to provide for nondiscrimination in the organization of and delivery of services by family violence shelters and family violence programs; to provide for related matters;".
By renumbering Sections 2 and 3 as Sections 3 and 4 and inserting a new Section 2 to read as follows:
"Section 2. Said Code section is further amended by adding at the end thereof a new subsection (g) to read as follows:
'(g) In order to be licensed or funded under this article, a family violence program or family violence shelter must agree to be bound by and observe the following nondiscrimination policy, which policy shall be the sole and exclusive nondiscrimination policy of any program or shelter licensed or funded under this article:
"No family violence program or family violence shelter shall discriminate, either in its organization or in the delivery of services, on the basis of race, religion, national origin, sex, or age, except that in the delivery of services a program or shelter may provide preferential service on the basis of sex or age if necessary bshecealtuesre.'""of a demand for service in excess of the resources of the program or

Representative Thompson of the 20th moved that the House disagree to the Senate amendment to HB 469.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
HB 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.

WEDNESDAY, MARCH 8, 1989

2155

Representative Pettit of the 19th moved that the House insist on its position in disagreeing to the Senate substitute to HB 390 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Pettit of the 19th, Teper of the 46th and Moultrie of the 93rd.

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 448. By Representatives Murphy of the 18th, Connell of the 87th, Lee of the 72nd, Walker of the 115th, Groover of the 99th and Edwards of the 112th:
A resolution relative to adjournment.

The Senate adheres to its amendment to the House amendment No. 2 and appoints a Committee of Conference to confer with a like committee on the following Bill of the Senate:

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.
The President has appointed on the part of the Senate the following:
Senators Deal of the 49th, Peevy of the 48th and Pollard of the 24th.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:
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 President has appointed on the part of the Senate the following:
Senators Giilis of the 20th, English of the 21st and McKenzie of the 14th.

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JOURNAL OF THE HOUSE,

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 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.

The President has appointed on the part of the Senate the following: Senators Johnson of the 47th, Olmstead of the 26th and Albert of the 23rd.

Pursuant to HR 448, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, March 13, 1989.

MONDAY, MARCH 13, 1989

2157

Representative Hall, Atlanta, Georgia Monday, March 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 Henry E. Hulgan, Pastor, Jefferson Avenue Baptist Church, East Point, Georgia.
Representative Colbert of the 23rd was excused from attendance today because of illness.
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 1101. By Representatives Langford of the 7th, Hamilton of the 124th, Meadows of the 91st, Davis of the 45th, Connell of the 87th and others: A bill to amend Code Section 45-12-1 of the Official Code of Georgia Annotated, relating to election of the Governor, so as to provide that no person who holds or has within the preceding two years held the office of Lieutenant Governor or member of the General Assembly may qualify for election to the office of Governor.
Referred to the Committee on Governmental Affairs.
HB 1102. By Representative Greene of the 130th: A bill to completely revise and supersede the laws relative to the commissioner of Stewart County.
Referred to the Committee on State Planning & Community Affairs - Local.

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HR 465. By Representatives Walker of the 115th, Lee of the 72nd and Groover of the 99th:
A resolution proposing an amendment to the Constitution so as to provide for the automatic appropriation of certain funds in the event a general appropriations Act is not in force and effect at the commencement of a fiscal year.
Referred to the Committee on Rules.
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 1103. By Representatives Smith of the 16th, Hudson of the 117th, Reaves of the 147th, Crawford of the 5th and Childers of the 15th:
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 change the composition of the State Structural Pest Control Commission.
Referred to the Committee on Industry.
HB 1104. By Representatives Abernathy of the 39th, Thompson of the 20th, White of the 132nd, Randall of the 101st, Lawrence of the 49th and others:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for the licensing of mortgage bankers and mortgage brokers.
Referred to the Committee on Banks & Banking.
HB 1105. By Representatives Smith of the 152nd, Johnson of the 123rd and Reaves of the 147th:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to enact the "Emerging Corps Fund Act"; to provide for a short title; to provide for a statement of purpose; to provide for definitions; to provide for an emerging crops fund from which to pay interest on certain loans made to farmers.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 1122. By Representative Groover of the 99th:
A bill to amend Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to purchase of liability insurance or contracts of indemnity for public officers and employees generally, so as to repeal the provisions that nothing in such article shall constitute a waiver of the immunity of the state from any action nor shall the exercise of authority provided in such article constitute the provisions of liability insurance.
Referred to the Committee on Judiciary.
HR 466. By Representatives Smith of the 152nd, Johnson of the 123rd and Reaves of the 147th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for an emerging crops loan fund for the purpose of making loans to pay interest on certain loans made to farmers and to authorize the appropriation of funds for the purposes of such emerging crops fund.
Referred to the Committee on Agriculture & Consumer Affairs.

MONDAY, MARCH 13, 1989

2153

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

HB 1083 HB 1084 HB 1085 HB 1086 HB 1087 uHHHnBBB 1i11n000Q889O980
HB 1091
HB 1092
HB 1093
HB 1094

HB 1095

HB 1096

HB 1097

HB 1098

HB 1099

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SB 398

SB 399

SB 400

SB 404

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 1080 Do Pass, as Amended HB 1081 Do Pass HB 1082 Do Pass HB 1025 Do Pass, as Amended

SB 314 Do Pass, By Substitute SB 393 Do Pass SB 394 Do Pass

Respectfully submitted, /s/ Lane of the 27th
Chairman

By unanimous consent, all House and Senate Bills and Resolutions passed today, as amended, or by substitute, were ordered immediately transmitted to the Senate.

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

HOUSE RULES CALENDAR MONDAY, MARCH 13, 1989
Mr. Speaker and Members of the House:
The House Committee on Rules has fixed the calendar for this 39th Legislative Day as enumerated below:
HR 319 House Fulton County Study Commission: Create HR 365 Drug Abuse and Drug Trafficking Study Committee: Create
SB 5 Elections: Time for Filing A Petition SB 106 Public Hunting/Fishing: Amend Acts Constituting Trespass (Rec.) SB 137 Hospitals: Renovation Projects: Certain Exemptions SB 277 Alcoholic Beverages: Certain Establishments: Sunday Sales (Rec.) SB 290 Gambling: Certain Games: Exception SB 309 Boats: Discharge of Sewage on Lake Lanier: Cert. Exceptions SB 313 Firefighters/EMTs: Voluntary Vaccinations SB 320 Emergency Medical Services Personnel: Responsibility SB 323 Atlanta: Certair; Contracts: Mayoral Authorization

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SB 324 SB 343 SB 345 SB 350 SB 360

Superior Court: Judge Serve While Member of Retirement Sys. Hearing Aid Dealers and Dispensers: Examination Boards of Education: Membership: Eligibility Children and Youth: Custody of Human Resources: Ed. Services Health Care: Facilities for Treatment of Traumatic Brain Injury

SR 176 Macon as Permanent Site of Music Hall of Fame: Create Comm.

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 1025. By Representatives Dixon of the 151st and Crosby of the 150th:
A bill to amend an Act providing a new charter for the City of Waycross, so as to revise and restate the charter of the City of Waycross.

The following amendment was read and adopted:

The Committee on State Planning & Community Affairs moves to amend HB 1025 by striking Section 5 beginning on line 17 of page 15 and ending on line 9 of page 16 and inserting in lieu thereof the following:
"Section 5. Reserved."

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 1080.

By Representatives Barnett of the 10th and Hasty of the 8th:
A bill to amend an Act to supplement the salary of the judge of the Superior Courts of the Blue Ridge Judicial Circuit, so as to increase the amount of compensation paid to such judges by the counties comprising the Blue Ridge Judicial Circuit.

The following amendment was read and adopted:

The Committee on State Planning & Community Affairs moves to amend HB 1080 by striking the word "shall" on line 22 of page 1 and inserting in lieu thereof the following:
"may".
By striking the word "shall" on line 3 of page 2 and inserting in lieu thereof the following:
"may".
By striking the word "shall" on line 6 of page 2 and inserting in lieu thereof the following:

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2161

"may".

By striking the word "shall" on line 8 of page 2 and inserting in lieu thereof the following:
"may".

By striking "January 1, 1992," on line 10 of page 2 and inserting in lieu thereof the following:
"July 1, 1991,".
By striking the word "shall" on line 11 of page 2 and inserting in lieu thereof the following:
"may".

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

HB 1081. By Representatives Barnett of the 59th and Mobley of the 64th:
A bill to amend an Act incorporating the City of Snellville, so as to change the corporate limits of the city.

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

HB 1082.

By Representative Edwards of the 112th:
A bill to amend an Act creating a board of commissioners for Taylor County, so as to create the office of county manager; to provide for the appointment of a county manager.

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

SB 314. By Senator Brannon of the 51st:
A bill to provide a new charter for the City of Blue Ridge in Fannin County; 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 following Committee substitute was read and adopted:

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A BILL
To provide a new charter for the City of Blue Ridge in Fannin County; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for referendums with respect to certain provisions of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I INCORPORATION AND POWERS
Section 1.10. Incorporation. The City of Blue Ridge in Fannin County is reincorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name of the "City of Blue Ridge." References in this charter to "the city" or "this city" refer to the City of Blue Ridge. The city shall have perpetual existence.
Section 1.11. Corporate boundaries, (a) The corporate limits of the said City of Blue RiTdgReAsChaTll"Aco"nsist of the limits of Tract "A" and Tract "B" described as follows:
Being a rectangular parallelogram two miles long and one mile wide, and the beginning point of the survey is found by intersecting the present center lines of the Louisville & Nashville Railroad main track and the main hallway of Fannin County Court House, and measuring Northeasterly along the center line of said main track a distance of one mile to a point on said center line of said main track; then beginning at the point so found, as described above, and turning a right angle from said main track center line and running Southeasterly a distance of one-half mile; thence Southwesterly and parallel with said center line of main track tangent north of the Louisville & Nashville Railroad depot, a distance of two miles; thence Northwesterly a distance of one mile; thence Northeasterly a distance of two miles, and thence Southeasterly a distance of one-half mile, to the beginning point, containing two square miles or one thousand two hundred eighty TacRreAs C(1T,2"8B0"acres).
Being a parcel of land described as follows: Beginning at the intersection of the northeasterly boundary of Tract "A" as described in Section 1.11 and the southerly right-of-way line of old U.S. Highway 76; thence in an Easterly direction with the southerly right-of-way line of said old U.S. Highway 76 to the intersection of the southerly right-of-way line of Old Morganton - Blue Ridge Road which leads to the boat dock property of the City of Blue Ridge; thence in a Southeasterly direction with the southerly right-of-way line of said Old Morganton-Blue Ridge Road to the 1700 foot contour line of Lake Blue Ridge; thence in a Northeasterly direction with said 1700 foot contour line to the northeast corner of the City of Blue Ridge boat dock property; thence in a Northwesterly direction with the property line of said City of Blue Ridge boat dock property to the northerly

MONDAY, MARCH 13, 1989

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right-of-way line of old Morganton-Blue Ridge Road; thence in a Northwesterly direction with the northerly right-of-way line of said old Morganton-Blue Ridge Road to the southerly right-of-way line of old U.S. Highway 76; thence due North to the northerly right-of-way line of said old U.S. Highway 76; thence in a Westerly direction with the northerly right-of-way line of said old U.S. Highway 76 to the northeasterly boundary of Tract "A" as described in Section 1.11; thence in a southeasterly direction with said northeasterly boundary of said Tract "A" to the point of beginning.
(b) Alterations to said city limits may be made from time to time by local law or in the manner provided by general law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk of the city and to be designated, as the case may be: "Official Map or Description of the Corporate Limits of the City of Blue Ridge, Georgia." Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description.
Section 1.11 A. Additional corporate boundaries. In addition to the corporate limits of said City of Blue Ridge provided for in Section 1.11 of this Act, the corporate limits of said city shall also include the following:
TRACT "C" Being a strip of land 2000 feet in width and lying 1000 feet on each side of the following described center line: Being the center line of U.S. Highway 76 also known as Appalachian Highway and beginning at the intersection of the said highway center line and the northeasterly boundary of Tract "A" as described in Section 1.11; thence in an Easterly and then Northeasterly direction to the center line of Toccoa River. The side lines of the described strip shall be lengthened or shortened in a manner parallel with and 1000 feet from the center line of said U.S. Highway 76/Appalachian Highway so as to terminate at said northeasterly boundary of said Tract "A" and at the center line of the said Toccoa River. TRACT "D" Being a strip of land 1000 feet in width and lying 500 feet on each side of the following described center line: Being the center line of U.S. Highway 76/Georgia Highway 5, also known as Appalachian Highway, and beginning at the intersection of the said highway center line and the southwestern boundary of Tract "A" as described in Section 1.11; thence in a southerly direction to the Gilmer County line. The side lines of the described strip shall be lengthened or shortened in a manner parallel with and 500 feet from the center line of said U.S. Highway 76/Georgia Highway 5/Appalachian Highway so as to terminate at said southwestern boundary of said Tract "A" and at the said Gilmer County Line.
Section 1.12. Municipal powers, (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law.
(b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Said powers shall include, but are not limited to, the following:
(1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city;
(2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by

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JOURNAL OF THE HOUSE,

ordinance; and to provide punishment for violation of ordinances enacted under this
paragraph; (3) Appropriations and expenditures. To make appropriations for the support of
the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city;
(4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades;
(5) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for the failure to pay any city taxes or fees;
(6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted;
(7) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations;
(8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city;
(9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof;
(10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business within the city and benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges;
(11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the
enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source
for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose;
(13) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards;
(14) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and squares in the city; to provide for the commitment of such persons to any jail; or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials;
(15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city;
(16) Municipal agencies and delegation of power. To create, alter, or abolish depart-
ments, boards, offices, commissions, and agencies of the city and to confer upon such
agencies the necessary and appropriate authority for carrying out all the powers con-
ferred upon or delegated to the same;

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(17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia;
(18) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city;
(19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof;
(20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers, and drains, sewage disposal, gas works, electric plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the withdrawal of service for refusal or failure to pay the same; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance;
(21) Nuisances. To define a nuisance and provide for its abatement whether on public or private property;
(22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia;
(23) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community;
(24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a firefighting agency;
(25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public;
(26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted;
(27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances;
(28) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial;
(29) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and the standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission;
(30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances;

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JOURNAL OF THE HOUSE,

(31) Retirement. To provide and maintain a retirement plan for officers and employees of the city;
(32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, under, or across any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so;
(33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charge; and to impose and collect a sewer connection fee or fees to those connected with the system;
(34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and provide for the sale of such items;
(35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors;
(36) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement;
(37) Ad valorem taxes. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation;
(38) Other taxes. To levy and collect such other taxes as may be allowed now or in the future by law;
(39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles;
(40) Urban redevelopment. To organize and operate an urban redevelopment program; and
(41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health,
peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all
powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to
be exercised by other municipal governments under other laws of the State of Georgia;

MONDAY, MARCH 13, 1989

2167

and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
Section 1.13. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL
Section 2.10. City council creation; composition; number; election, (a) The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmembers.
(b) The mayor and councilmembers shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he shall have been a resident of this city for 12 months immediately preceding the election of mayor or councilmembers; each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No person's name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of said city that he desires his name to be placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file above said notice within the time provided for in Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code."
Section 2.11. Elections, (a) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of said city shall be eligible to qualify as voters in the election.
(b) All primaries and elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code." Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the "Georgia Municipal Election Code."
(c) The mayor and councilmembers who are in office on the effective date of this Act shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified.
(d) For the purpose of electing members of the council, the City of Blue Ridge shall consist of one election district with five numbered posts. Each person seeking election shall designate the post for which he seeks election.
(e) On the second Saturday in December, 1989, there shall be elected a mayor and five councilmembers. Then, on the Tuesday next following the first Monday in November in 1993 and on such day quadrennially thereafter, there shall be elected a mayor and five councilmembers. The terms of the offices shall begin at the time of taking the oath of office as provided in Section 3.11 of this charter.
Section 2.12. Vacancies in office, (a) (1) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia.
(2) Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those

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remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled as provided in subsection (b) of this section. (b) In the event that the office of mayor or councilmember shall become vacant, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code," as now or hereafter amended.
Section 2.13. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels.
Section 2.14. Election by plurality. The candidate receiving a plurality of the votes cast for any city office shall be elected.
Section 2.15. Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance and in accordance with Chapter 35 of Title 36 of the O.C.G.A.
Section 2.16. Prohibitions, (a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties or which would tend to impair the independence of his judgment or action in the performance of his official duties;
(2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair the independence of his judgment or action in the performance of his official duties;
(3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or others;
(4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign;
(5) Represent other private interests in any action or proceeding against this city or any portion of its government; or
(6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and he shall disqualify himself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity.

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(d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council.
(e) Except as authorized by law, no member of the council shall hold any other elective city office or other city employment during the term for which he was elected. The provisions of this subsection shall not apply to any person holding employment on the effective date of this Act.
Section 2.17. Removal of officers, (a) The mayor, a councilmember, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or by law; (4) Knowingly violating Section 2.16 or any other express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of three councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Fannin County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Fannin County following a hearing on a complaint seeking such removal brought by any resident of the City of Blue Ridge.
ARTICLE III ORGANIZATION OF GOVERNMENT, GENERAL
AUTHORITY, AND ORDINANCES
Section 3.10. General power and authority. Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I of this charter.
Section 3.11. Organization, (a) The city council shall hold an organizational meeting at the first regular meeting in January following an election. The meeting shall be called to order by the city clerk and the oath of the office shall be administered to the newly elected members as follows:
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America."
(b) By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall preside at all meetings of the city council and shall assume the duties and powers of the mayor during any disability or absence of the mayor. Any such disability or absence shall be declared by a majority vote of the city council. The city council shall by majority vote elect a presiding officer from its number for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Such absence or disability shall be declared by majority vote of the city council.
Section 3.12. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or

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agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance.
Section 3.13. Meetings, (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance.
(b) Special meetings of the city council may be held on call of the mayor or two members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting.
(c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law.
Section 3.14. Procedures, (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record.
(b) All committees and committee chairmen and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
Section 3.15. Voting, (a) Except as otherwise provided in subsection (b) of this section, three councilmembers shall constitute a quorum and shall be authorized to transact the business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion.
(b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion.
Section 3.16. Ordinances, (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The Council of the City of Blue Ridge hereby ordains..." and every ordinance shall so begin.
(b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 3.18. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
Section 3.17. Effect of ordinances. Acts of the city council which have the force and effect of law shall be enacted by ordinance.
Section 3.18. Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or two councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any

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public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordinance shall also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
Section 3.19. Codes, (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 3.16 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 3.20 of this charter.
(b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price.
Section 3.20. Codification of ordinances, (a) The clerk shall authenticate by his signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council.
(b) The city shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and shall contain such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Blue Ridge, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council.
(c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code.
Section 3.21. Chief executive officer; delegation of powers. The mayor shall be the chief executive of this city. The mayor shall possess all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter, except as otherwise specifically provided in this Act. The mayor shall have the authority to delegate any one or more executive or administrative powers to a person or persons employed by the city and qualified in management and administration.
Section 3.22. Powers and duties of mayor. As the chief executive of this city, the mayor shall:
(1) See that all laws and ordinances of the city are faithfully executed; (2) Appoint and remove, for cause, with confirmation of appointment or removal by the council, all officers, department heads, and employees of the city except as otherwise provided in this charter;

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(3) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities;
(4) Prepare and submit to the council a recommended annual operating budget and recommended capital budget;
(5) Submit to the council at least once a year a statement covering the financial conditions of the city and from time to time such other information as the city council may request;
(6) Preside over all meetings of the city council; (7) Call special meetings of the city council as provided for in Section 3.13; (8) Participate in the discussion of all matters brought before the city council and vote on such matters only in the case of a tie vote; (9) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient; (10) Approve or disapprove ordinances as provided in Section 3.23; (11) Require any department or agency of the city to submit written reports whenever he deems it expedient; (12) Sign as a matter of course all written contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; and (13) Perform such other duties as may be required by general state law, this charter, or ordinance.
Section 3.23. Submission of ordinances to the mayor; veto power, (a) Every ordinance adopted by the city council shall be presented by the city clerk to the mayor within three days after its adoption.
(b) The mayor shall within ten days of receipt of an ordinance return it to the city clerk with or without his approval, or with his disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the city clerk; if the ordinance is neither approved nor disapproved, it shall become law on the fifteenth day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the city clerk a written statement of the reasons for the veto. The city clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor.
(c) Ordinances vetoed by the mayor shall be presented by the city clerk to the city council at its next meeting and should the city council then or at its next general meeting adopt the ordinance by an affirmative vote of the entire council, it shall become law.
(d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided in this section. The reduced part or parts shall be presented to the city council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section.
ARTICLE IV ADMINISTRATIVE AFFAIRS
Section 4.10. Department heads, (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city.
(b) Except as otherwise provided by this charter or by law, the directors of departments and other officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.
(c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance.
(d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of his department or agency.

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(e) All directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. The mayor may suspend or remove directors under his supervision but such suspension or removal shall not be effective for ten calendar days following the mayor's giving written notice of such action and the reason therefor to the director involved and to the city council. The director involved may appeal to the city council which, after a hearing, may override the mayor's action by a vote of three councilmembers.
Section 4.11. Boards, (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof.
(b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law.
(c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority.
(d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city.
(e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter or by law.
(f) No member of a board, commission, or authority shall assume office until he has executed and filed with the clerk of the city an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor.
(g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council.
(h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairman and one member as vice-chairman, and may elect as its secretary one of its members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
Section 4.12. City attorney. The city council shall appoint a city attorney who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least one year. The city attorney shall serve at the pleasure of the city council. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required of him by virtue of his position as city attorney. The city council shall provide for the compensation of the city attorney.
Section 4.13. City clerk. The city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council.
Section 4.14. Treasurer. The city council shall appoint a city treasurer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the

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city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer.
Section 4.15. Rules and regulations. The city council shall adopt rules and regulations consistent with this charter concerning:
(1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs.
ARTICLE V JUDICIAL BRANCH
Section 5.10. Municipal court. There shall be a court to be known as the Municipal Court of the City of Blue Ridge, Georgia.
Section 5.11. Judges, (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance.
(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. All judges shall be appointed by the city council.
(c) Compensation of the judge or judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of three members of the city council. (e) Before assuming office, each judge shall take an oath, given by the mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 3.14 of this charter.
Section 5.12. Convening of court. The municipal court shall be convened at regular intervals as provided by ordinance.
Section 5.13. Powers, (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law.
(b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or ten days in jail.
(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for 90 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law.
(d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law.
(e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety bond for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi.

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(f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary.
(g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated.
(h) Each judge of the municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law.
(i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.
(j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
Section 5.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Fannin County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
Section 5.15. Rules. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE VI FINANCE
Section 6.10. Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.
Section 6.11. Millage. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.
Section 6.12. Occupation taxes and business license fees. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling within the city to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.
Section 6.13. Licenses. The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession or calling within the city to obtain a license or permit for such

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activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate.
Section 6.14. Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by him. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.
Section 6.15. Sewer fees. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
Section 6.16. Roads. The city council by ordinance shall have the power to assess, charge, and collect the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
Section 6.17. Other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
Section 6.18. Collection of delinquent taxes. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax executions.
Section 6.19. Borrowing. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
Section 6.20. Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
Section 6.21. Loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.
Section 6.22. Accounting and budgeting. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial

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accounting and reporting of each and every office, department, agency, and activity of the city government.
Section 6.23. Budget ordinance. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs.
Section 6.24. Operating budget. On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he may deem pertinent. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
Section 6.25. Adoption, (a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues.
(b) The city council shall adopt the final operating budget for the ensuing fiscal year not later than November of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter.
(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable.
Section 6.26. Levy of taxes. Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city.
Section 6.27. Changes in budget. The city council by majority vote may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes.
Section 6.28. Capital improvements, (a) On or before the date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 3.17 of this charter.

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(b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than November of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the city council.
Section 6.29. Audits. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public.
Section 6.30. Procurement and property management. No contract with the city shall be binding on the city unless:
(1) It is in writing; (2) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by him to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 3.14 of this charter.
Section 6.31. Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.
Section 6.32. Sale of property, (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law.
(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value.
(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE VII GENERAL PROVISIONS
Section 7.10. Bonds for officials. The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.
Section 7.11. Rules and regulations. All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council.
Section 7.12. Charter language on other general matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be

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completed by such city agencies, personnel, or offices as may be provided by the city council.
Section 7.13. Definitions and construction, (a) Section captions in this charter are informative only and shall not be considered as a part thereof.
(b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
Section 7.14. Specific repealer. An Act amending, consolidating, and superseding the several Acts incorporating the City of Blue Ridge, in the County of Fannin, State of Georgia, and creating a new charter and municipal government for said municipal corporation, approved March 23, 1935 (Ga. L. 1935, p. 928), as amended, is repealed in its entirety.
Section 7.15. Annexation referendum. Not less than 30 nor more than 90 days after the date of the approval of this Act by the Governor or after it otherwise becomes law and unless prohibited by the federal Voting Rights Act of 1965, as amended, it shall be the duty of the election superintendent of the City of Blue Ridge to issue the call for an election for the purpose of submitting Section 1.11A of this Act to the electors of the City of Blue Ridge for approval or rejection; and it shall be the duty of the election superintendent of Fannin County to issue the call for an election for the purpose of submitting Section 1.11A of this Act to the electors of the area proposed to be annexed for approval or rejection. Each superintendent shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. Each superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the City of Blue Ridge or Fannin County, as appropriate. The ballot shall have written or printed thereon the following:
"( ) YES Shall Section 1.11A of the Act be approved which annexes additional territory of Fannin County to the corporate limits of the City of Blue
( ) NO Ridge?"
Those persons desiring to vote for approval of Section 1.11A of this Act shall vote "Yes," and those persons desiring to vote for rejection of Section 1.11A of this Act shall vote "No." If more than one-half of the votes cast on such question from the combined votes of the voters from the present corporate limits of the City of Blue Ridge and the area proposed to be annexed are for approval of Section 1.11A of this Act, Section 1.11A shall become of full force and effect upon certification of the results of the election. Otherwise, it shall be void and of no force and effect and Section 1.11A shall stand repealed in its entirety.
At least 30 days prior to said election, the election superintendent of the City of Blue Ridge shall prepare a separate list of voters residing in the area proposed to be annexed who are registered to vote in the county. Each of said voters shall be eligible to vote in the election. The election superintendent of Fannin County shall furnish any information which may be required in the preparation of such list of voters by the election superintendent of the City of Blue Ridge. The City of Blue Ridge shall pay to Fannin County the actual expenses of furnishing such information as is required.
The expense of such election shall be borne by the City of Blue Ridge. It shall be the duty of the election superintendent of the City of Blue Ridge to hold and conduct such election in the City of Blue Ridge, and it shall be the duty of the election superintendent of Fannin County to hold and conduct such election in the area proposed to be annexed. It shall be each superintendent's further duty to certify the results thereof to the Secretary of State.
Section 7.16. Effective dates, (a) Except for Section 1.11A of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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(b) The effective date of Section 1.11A of this Act, if it becomes effective, shall be determined as provided in Section 7.15 of this Act.
Section 7.17. General repealer. All laws and parts of laws in conflict with this Act are repealed.

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

SB 393. By Senator Gillis of the 20th:
A bill to repeal an Act creating and incorporating the City of Charles, in the County of Toombs, so as to abolish the City of Charles.

The report of the Committee, which was favorable to the passage of the Bill, was 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 394. By Senators Peevy of the 48th and Phillips of the 9th:
A bill to provide a county historian for Gwinnett County; to provide that the chief judge of the Superior Court of Gwinnett County shall appoint the county historian; to provide that the county governing authority shall provide for the compensation of such historian; to provide that the county governing authority shall provide adequate funding and office space and personnel as are reasonably necessary for the county historian to carry out his 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.

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

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

HB 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.

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.

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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.
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.

HB 991. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A bill to provide a short title; to provide for definitions; to authorize the creation and funding of an enhanced emergency telephone number 911 system special district within the corporate boundaries of Lowndes County; to provide for the district's governing authority; to provide for the collection of service charges.

HB 992. By Representative Barnett of the 10th:
A bill to amend an Act relating to the Magistrate Court of Forsyth County, so as to provide for a separate office of the chief magistrate of the Magistrate Court of Forsyth County.

HB 995. By Representative Ray of the 98th:
A bill to grant to the Probate Court of Peach County jurisdiction to try and dispose of cases where a person is charged with the possession of one ounce or less of marijuana under certain circumstances.

HB 996. By Representative Ray of the 98th:
A bill to amend an Act establishing the City of Byron, so as to change the provisions relating to the clerk, treasurer, and marshal of the city.

HB 997. By Representatives Stephens of the 68th, Thurmond of the 67th, Irwin of the 13th and Clark of the 13th:
A bill to amend an Act placing the clerk of the Superior Court of Clarke County, the clerk of the State Court of Clarke County, and the ordinary of Clarke County (now known as the Judge of the Probate Court) on a salary system of compensation, so as to change the salary of the chief clerk of the probate judge.

HB 998. By Representatives Clark of the 20th, Howren of the 20th, Gresham of the 21st, Vaughan of the 20th, Aiken of the 21st and others:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the corporate limits of the city.

HB 1000.

By Representatives Orr of the 9th, Jackson of the 9th and Lawson of the 9th:
A bill to amend an Act creating a Board of Commissioners of Hall County, so as to provide that the members of such board of commissioners elected at the 1992 general election and all subsequent elections shall be elected by a majority vote of electors of each respective district.

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HB 1002. By Representatives Snow of the 1st, McCoy of the 1st and Crawford of the 5th:
A bill to amend an Act creating the Lookout Mountain Judicial Circuit, so as to authorize the governing authority of each county comprising the Lookout Mountain Judicial Circuit to continue to supplement the state paid compensation of probation officers.

HB 1003.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, so as to change the amount of said supplement.

HB 1004. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, so as to change the county supplement to the state salary of said judges.

HB 1005.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act creating the State Court of Clayton County, so as to change the compensation of the deputy clerk of said court; to change the compensation of the judge and solicitor of said court.

HB 1006.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provisions relative to the compensation of the tax commissioner; to change the provisions relative to the compensation of the deputy tax commissioner.

HB 1007. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the compensation of said officers; to change the compensation of the deputy clerk of the superior court.
HB 1008. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the compensation of the chairman and other members of the board; to extend the number of days within which the final report and audit shall be submitted to the board.

HB 1012. By Representatives Stancil of the 8th, Hasty of the 8th and Barnett of the 10th:
A bill to amend an Act providing for the membership of the Board of Education of Cherokee County, so as to provide for a per diem for the members of the board of education.

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HB 1014.

By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act creating a board of commissioners for Rockdale County, so as to change the method of filling vacancies.

HB 1016. By Representatives Chambless of the 133rd, Cummings of the 134th, White of the 132nd and Balkcom of the 140th:
A bill to provide a $2,000.00 homestead exemption from ad valorem taxes of the City of Albany for certain individuals; to provide an additional $2,000.00 homestead exemption from ad valorem taxes of the City of Albany for individuals 65 years of age or older.

HB 1019. By Representatives White of the 132nd, Cummings of the 134th, Balkcom of the 140th and Chambless of the 133rd:
A bill to authorize the Board of Education of Dougherty County to exercise certain powers relative to transfer students and students who wish to attend schools in school districts other than the districts of their residences.

HB 1021.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to authorize the board of commissioners of Clayton County to supplement the salaries of the state probation officers and other probation personnel of the Clayton Judicial Circuit.

HB 1024.

By Representatives Moody of the 153rd and Byrd of the 153rd:
A bill to amend an Act changing the composition of the City Council and the method of electing councilmen of the City of Baxley in Appling County, so as to change the terms of office and reelection dates of members of the council.

HB 1026.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act changing the composition of and manner of selection of the members of the Board of Education of Clayton County, so as to change the composition of the board of education; to change the education districts; to provide for the nomination and election of members of the board of education from separate education districts in nonpartisan primaries and elections.

HB 1029.

By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend an Act placing the clerk of the Superior Court of Carroll County on an annual salary, so as to change the compensation of the clerk of the Superior Court of Carroll County.

HB 1030.

By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend an Act creating the State Court of Carroll County, so as to change the compensation of the judge of said court.

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HB 1032. By Representative Smith of the 152nd:
A bill to amend an Act creating a board of commissioners of Bacon County, so as to provide that the compensation of the chairman of the board of commissioners shall be the average of the compensation of the constitutional officers of Bacon County.

HB 1034.

By Representative Smith of the 152nd:
A bill to amend an Act placing the sheriff of Bacon County on an annual salary in lieu of the fee system of compensation, so as to increase the number of secretaries and jailers; to provide for a chief deputy; to provide for an investigator and his salary.

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.

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.

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.

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.

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.

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.

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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.

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.

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.

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.

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.

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.

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.

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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.

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.

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.

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.

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.

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.

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.

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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.

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.

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".

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.

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.

HB 962. By Representatives Richardson of the 52nd, Redding of the 50th, Oliver of the 53rd, Williams of the 54th, Teper of the 46th and others:
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.

The Senate has agreed to the House amendments to the following Bill and Resolution of the Senate:

SR 128. By Senators Edge of the 28th, Baldwin of the 29th and Dean of the 31st: A resolution creating the Joint West Point Lake Study Committee.

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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.
The Senate has agreed to the House substitutes to the following Bills and Resolutions of the Senate:
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 154. By Senator Pollard of the 24th:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a fiber optic cable in, on, over, under, upon, across, and through property owned by the State of Georgia in Taliaferro County, Georgia; to provide an effective date.
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 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.
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.
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.

MONDAY, MARCH 13, 1989

2189

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 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 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 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.
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.
SB 334. By Senator Tate of the 38th:
A bill to provide a homestead exemption of $10,000.00 from all City of Atlanta and City of Atlanta School District ad valorem taxes for each resident of the City of Atlanta who is 65 years of age or over or disabled if the resident's gross income together with the gross income of the spouse who also resides at such homestead does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Security Act.

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JOURNAL OF THE HOUSE,

SB 365. By Senator Pollard of the 24th:
A bill to amend an Act placing the Sheriff of Warren County upon an annual salary in lieu of the fee system of compensation, as amended, so as to change certain provisions regarding the appointment of deputy sheriffs; to provide for the compensation of such deputies; to provide that the county shall furnish the uniforms and leatherware for such deputies.

SB 375. By Senator Kennedy of the 4th:
A bill to amend an Act creating a new charter for the City of Ludowici, as amended, so as to provide that such city shall consist of one election district with five numbered posts; to provide for elections.

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

HR 16. By Representative Buck of the 95th: A resolution compensating Mr. Aaron E. Boutwell.

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.

HR 76. By Representative Isakson of the 21st: A resolution compensating G. Douglas Fuller and Alice K. Fuller.

HR 90. By Representative Aaron of the 56th: A resolution compensating Mr. Marvrick Long.

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.

HR 218. By Representative Smith of the 78th: A resolution compensating Mr. Charles W. England.

HR 241. By Representative Coleman of the 118th: A resolution compensating Frances and Bob Hancock.

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.

MONDAY, MARCH 13, 1989

2191

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

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.

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.

By unanimous consent, Representative Ware of the 77th was replaced by Representative Ricketson of the 82nd on the Committee of Conference for SB 30.

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

HB 1096. By Representatives Pinkston of the 100th, Beck of the 148th and Padgett of the 86th:
A bill to amend Code Section 53-6-1 of the Official Code of Georgia Annotated, relating to the powers, duties, and liabilities of administrators as applicable to executors and agreements between executors and testators as to compensation, so as to change the provisions relative to published fee schedules of executors.

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 365. By Representatives Royal of the 144th, Powell of the 145th, Reaves of the 147th, Long of the 142nd and Greene of the 130th

A RESOLUTION
Creating the Drug Abuse and Drug Trafficking Study Committee; and for other purposes.
WHEREAS, the abuse of drugs in Georgia particularly by the young people of our state is reaching alarming proportions; and
WHEREAS, trafficking in drugs is one of the biggest and most lucrative illegal businesses in this state and nation; and
WHEREAS, it is the desire of the members of this body to make a concerted effort to explore all avenues to slow down and eliminate this menace from our society.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the Drug Abuse and Drug Trafficking Study Committee to

2192

JOURNAL OF THE HOUSE,

study ways and means to combat drug abuse and drug trafficking in Georgia to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Speaker of the House of Representatives shall designate a member of the committee as chairman of the committee. The chairman shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than three days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1989. The committee shall stand abolished on December 1, 1989.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the 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
Cheeks Childers Y 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
Y Davis.G 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
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 Linder YLong
YLord Y Lucas Y Lupton Y Mangum
Martin
Y McCoy Y McDonald
McKelvey 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
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 Y Reaves
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 YSnow Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper
Thomas.C Y Thomas.M Y Thompson
Thurmond 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 Wilder
Y Williams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

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

MONDAY, MARCH 13, 1989

2193

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 152 Do Pass
Respectfully submitted, lal Lee of the 72nd
Chairman

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

SB 350. By Senator Kidd of the 25th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to provide that certain children or youth in the physical custody of the Department of Corrections or the Department of Human Resources shall not be eligible for enrollment in the educational programs of the local unit of administration of the school district where the child or youth is being held.

The following amendment was read and adopted:

The House Committee on Education moves to amend SB 350 by striking lines 12 and 13 of page 1 and inserting in their place the following:
"services to such children and provide for consent for the release of certain records; to provide that local school systems shall not be".
By striking "regulations" from line 17 of page 1 and inserting in its place "procedures".
By adding before the period on line 35 of page 5 the following:
", except where consent of a parent or legal guardian is required in order to authorize the release of any of such records, in which event the Department of Human Resources shall obtain such consent from the parent or guardian prior to such release".
By striking lines 19 through 21 of page 6 and inserting in their place the following:
"local school system shall not be responsible for providing any educational services to such child."
By striking "regulations" from line 26 of page 6 and inserting in its place "procedures".

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 Alfotd Y Alien

Y Athon
Y Atkins Y Bailey

Y Baker
Y Balkcom Bannister

Y Barfoot
Y Baigeron Y Barnett,B

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JOURNAL OF THE HOUSE,

Barnett.M YBeck Y Benefield
Renn 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 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 Y Godbee
Good win 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
Hooks Y Howren
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
YLord Y Lucas Y Lupton Y Mangum
Martin Y McCoy
McDonald Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Milam
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 YPoag
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
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
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 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 150, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Goodwin of the 63rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Brown of the 88th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Bill of the Senate was again taken up for consideration:

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.

The following substitute, offered by Representative Green of the 106th et al., was read:
A BILL
To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the provisions relating to 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 lengthen the maximum open season for turkey gobblers; to change certain

MONDAY, MARCH 13, 1989

2195

creel and possession limits of fish; to change provisions relating to mountain trout taken from certain reservoirs; to change the provisions relating to use of public fishing areas; to remove the season restriction from certain trout streams; to limit the number of fish baskets allowed on Lake Sinclair and Lake Oconee to five baskets per person; to provide that one person cannot fish with the baskets of another person unless accompanied by such other persons at the time of such fishing; to change provisions relating to reciprocal agreements with adjoining states; to exempt certain persons from the requirement to obtain wild animal permits for triploid grass carp purchased from certain licensed wild animal dealers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking subsection (b) of Code Section 27-1-33, relating to regulations for the use of fishing and wildlife management areas, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Any person who enters upon or who hunts, traps, or fishes on any public hunting or fishing area or on any game management area owned or operated, or owned and operated, by the department in violation of this Code section commits the offense of criminal trespass."

Section 2. Said title is further amended by striking paragraph (4) of Code Section 27-3-4, relating to legal weapons for hunting small game, nongame animals, or nongame birds, and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) Weapons for hunting small game, nongame animals, or nongame birds shall be limited to shotguns with shot shell size of no greater than 3 '/2 inches in length with No. 4 2 lead shot or smaller or steel shot size of BBB or smaller shot, .22 rimfire rifles, guns using .30 caliber army carbine cartridges, the .32-20, any center-fire rifles with bore diameter of .257 or smaller, all caliber pistols, muzzleloading firearms, longbows, and compound bows;".

Section 3. Said title is further amended by striking subsection (b) of Code Section 27-3-15, relating to seasons and bag limits, 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:

Game Species Maximum Open Season

Maximum Bag Limits

Daily

Season

(1) Quail

Nov. 12 1 March 15

12

No limit

(2) Grouse Oct. 15 Feb. 29

3

No limit

(3) Turkey March 15

2

2

gobblers May 21 &

(4) Deer

Sept. 15 Jan. 15

5

5

(5) Bobcat Oct. 15 Feb. 29

No limit

No limit

(6) Opossum (A) Oct. 15 Feb. 29, for

No limit

No limit

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JOURNAL OF THE HOUSE,

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 -- game March 10 birds

(12) Bear

Sept. 15 -- Jan. 15

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

(13) Alligators April 1 -- Oct. 31

Subject to limits adopted by the board."

MONDAY, MARCH 13, 1989

2197

Section 4. Said title is further amended by striking Code Section 27-4-10, relating to creel and possession limits, and inserting in lieu thereof a new Code Section 27-4-10 to read as follows:
"27-4-10. It shall be unlawful to take in one day or to possess at any one time, except at one's place of abode or at a commercial storage facility, more than:
(1) Ten of any one or a combination of the following species: (A) Largemouth bass; (B) Smallmouth bass; (C) Shoal bass; (D) Suwannee bass; (E) Spotted bass or Kentucky bass; (F) Redeye or Coosa bass;
(2) Eight of any one or a combination of the following species: (A) Rainbow trout; (B) Brook trout; (C) Brown trout;
(3) Thirty white bass; {4}--Six ef any one er a combination ef the following species:
{A)--Striped bass ef rockfish; (B)--Striped-white bass hybrid; (3) Fifteen of any one or a combination of the following species; provided, how ever, only two fish may be 22 inches or longer in length: (A) White bass; (B) Striped bass; (C) Striped-white bass hybrids; (4) Notwithstanding the provisions of paragraph (3) of this Code section to the contrary, from the Ogeechee River, the Oconee River downstream of Sinclair Dam, the Ocmulgee River downstream of Juliette Dam, the Altamaha River, and the Satilla River: (A) Fifteen of any one or a combination of the following species:
(i) White bass; (ii) Striped-white bass hybrids;
(B) Two striped bass which must be 22 inches or longer in length; (5) Fifty of any one or a combination of the game species of bream or sunfish;
(6) Eight walleye (walleyed pike);
(7) Eight sauger; (8) Two muskellunge; (9) Fifteen of any one or a combination of the following species of pickerel:
(A) Chain; (B) Grass; (C) Redfin; (10) Fifty Thirty of any one or a combination of the following species:
(A) Black crappie; (B) White crappie;
(11) Eight of any one or a combination of the following species:
(A) American shad; (B) Hickory shad; (11.1) (A) Notwithstanding the provisions of paragraph (11) of this Code section to the contrary, two of any one or a combination of the following species if taken from the Ogeechee River:
(i) American shad;
(ii) Hickory shad; . (B) This paragraph shall stand repealed in its entirety on July 1, 1993;
(12) A total of 50 of all of the species named in this Code section; (13) Two red drum, commonly known as spot-tail bass or channel bass, greater than 32 inches in length."

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JOURNAL OF THE HOUSE,

Section 5. Said title is further amended by striking subsection (c) of Code Section 27-4-11, relating to size limits, and inserting in lieu thereof a new subsection (c) to read as follows:
\c) DCtween UccemDer ~t and trie last featurday ot JViarcn ot tiic tol4owing year, ~rt It shall be unlawful to take or have in possession from the Richard B. Russell Lake any species of mountain trout which is less than 14 12 inches in length attd which was taken
TI_/^Ho.lIrHfX?QB Ti_jnztniiiitn?rr , IiiTaniiiitwwcoilli, *fM ^inari lRr. M 1 11i1ll1, D1-tui irrtwr>jri>r-} rTx?tftiK uuiiini, oQtnftnJfvjl, T1''cotlilinuliactKii r"Fanllllos, Or\rr
Of trom any tn Dutary to said lakes tor a distance ot tnree miles upstream.
Section 6. Said title is further amended by striking subsections (g) and (o) of Code Section 27-4-11.1, relating to restrictions in public fishing areas, and inserting in lieu thereof new subsections (g) and (o), respectively, to read as follows:
"(g) It shall be unlawful to operate any boat motor vessel as defined in Code Section 52-7-3, except fishing boats being propelled by paddles, oars, or electric motors, on any public fishing area owned or operated by the department; provided, however, that: it
Creek Public Fishing Area. (1) It shall not be unlawful to operate any sailboat or any fishing boat being pro
pelled by a motor of 20 horsepower or less on the Rum Creek Public Fishing Area; (2) It shall not be unlawful to operate any fishing boat being propelled by a motor
of less than 10 horsepower on any public fishing lake over 99 acres in size; and (3) It shall not be unlawful to operate any fishing boat being propelled by a motor
of 10 horsepower or greater and at idle speed on any public fishing lake over 99 acres in size, except on the Rum Creek Public Fishing Area." "(o) At the Arrowhead, McDuffie, Evans County, and Baldwin Forest Public Fishing Areas, it shall be unlawful for any person:
(1) To fish at any time between November 1 and March 1; (2) To fish unless he has checked in at the department checking station located at the area; \o)--** fte 19 dbo years of age 0f older, to lisn witnout naving m ins possession & valiQ $1.00 daily permit, unless he holds an honorary fishing license; 44) (3) If he has fished at the area, to fail or refuse to check out before leaving the area, unless a sign is posted indicating that checkout is unnecessary; or f&) (4) To fish, if he refuses to leave his Georgia fishing license at the checking station upon the request of any authorized personnel of the department."
Section 7. Said title is further amended by striking paragraphs (21) and (23) of Code Section 27-4-52, relating to trout waters without seasons, and inserting in lieu thereof new paragraphs (21) and (23), respectively, to read as follows:
"(21) Rabun County: (A) Chattooga River: Entire length between Georgia and South Carolina; (B) Chattooga River, West Fork: Entire length; (C) Little Tennessee River: Entire length downstream from U.S. Highway 23-441
bridge; (D) Overflow Creek: Entire watershed; and
Ra(bEu)n;"Tallulah River: From Lake Burton Dam downstream Downstream to Lake
"(23) Towns County: (A) Brasstown Creek: Entire watershed downstream from U.S. Highway 76 bridge; (B) Hightower Creek: Entire length downstream from U.S. Highway 76 bridge; ad (C) Hiawassee River: Entire length downstream from Brown Bridge (second bridge
above U.S. Highway 76 on Georgia Highway 75); (D) Charlies Creek watershed; and (E) Tallulah River;"
Section 8. Said title is further amended by adding at the end of Code Section 27-4-92, relating to the use of fish baskets in commercial fresh-water fishing, a new subsec tion (e) to read as follows:

MONDAY, MARCH 13, 1989

2199

"(e) Notwithstanding any other provision to the contrary, it shall be unlawful for any person to fish with more than five baskets in the waters of Lake Sinclair and Lake Oconee. No person shall fish with the baskets of other persons unless accompanied by such other persons at the time of such fishing."
Section 9. Said title is further amended by striking Code Section 27-4-230, relating to a reciprocal agreement with Alabama, which reads as follows:
"27-4-230. (a) The area covered by the reciprocal agreement with Alabama includes the banks and the waters of only that portion of the Chattahoochee River lying between the States of Georgia and Alabama and those impoundments now existing or that may exist in the future on such reach of the river, provided that such agreement shall not include that portion of West Point Reservoir lying upstream (north) of Georgia Highway 109 bridge on the Chattahoochee River arm of such reservoir; provided, further, that the waters covered by such agreement do not include other streams or tributaries which flow into the Chattahoochee River or its impoundments.
(b) Any person of the State of Georgia or the State of Alabama may engage in sport or commercial fishing in any of the above-described waters and on the banks of such waters if he has obtained and has in his possession while fishing the permits or licenses, or both, required by the respective state; provided, however, this provision shall only be effective so long as the reciprocal agreement with Alabama is in force and effect.
(c) There are no exceptions to the fishing laws and regulations of the State of Georgia in the Georgia waters. The reciprocal agreement with Alabama pertains only to reciprocation of licenses."
Section 10. Said title is further amended by striking Code Section 27-45-231, relat ing to a reciprocal agreement with Florida, which reads as follows:
"27-4-231. (a) The agreement described in this Code section shall apply to the following:
(1) The waters of and the banks of the waters of the St. Mary's River, not includ ing its tributaries; or
(2) The waters of and the banks of the waters of Lake Seminole, bounded on the west by Florida State Road No. 271; on the south by the Jim Woodruff Dam; on the east by the line immediately east of the Chattahoochee Marina, also known as the Booster Club, running northwest across the reservoir to the tip of land at the junction of the Flint and Chattahoochee rivers, west of Spring Creek; and on the north by the Herman Talmadge Bridge across the Chattahoochee River. (b) (1) Any person who has obtained and has in his possession while fishing the properly issued permits or licenses, or both, required by either state may sport fish in the waters and from the land described in subsection (a) of this Code section.
(2) No license or permit shall be required by either state of any person who is a resident of Florida who is less than 15 years of age, or a resident of Georgia who is less than 16 years of age; and honorary permits issued to residents of the issuing state shall be recognized by the other state. (c) (1) It shall be unlawful to take in one day or to possess at any one time, except at one's place of abode or at a commercial storage facility, more than six striped bass and more than six striped-white bass hybrids from the waters described in subsection (a) of this Code section.
(2) All other fishing laws and regulations of the State of Georgia shall apply in the Georgia waters. Specifically, the reciprocal agreement does not apply to or in any way change the laws or regulations of either state pertaining to fishing for shad."
Section 11. Said title is further amended by striking Code Section 27-4-232, relating to a reciprocal agreement with North Carolina, which reads as follows:
"27-4-232. (a) The agreement described in this Code section shall cover the Chatuge Reservoir east of the dam to Elf High Bridge on the Shooting Creek arm; to Macedonia Eiridge on U.S. Highway 76, south of Hiawassee, Georgia; and the lateral branches of the reservoir between these points.
(b) All persons fishing with rod and reel, with hook and line, or by casting in the waters of Lake Chatuge beyond the bounds of the state from which they hold a valid

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fishing license from the State of Georgia or the State of North Carolina shall be author ized to fish with such license only from boats not anchored to the shore or to a pier or boat dock connecting to the shore.
(c) There are no exceptions to the fishing laws and regulations of the State of Georgia in the Georgia portion of the Chatuge Reservoir. The reciprocal agreement with North Carolina pertains only to reciprocity of licenses."
Section 12. Said title is further amended by striking Code Section 27-4-233, relating to a reciprocal agreement with South Carolina, which reads as follows:
"27-4-233. (a) The agreement described in this Code section shall cover all channels of the Savannah River from its mouth to the confluence of the Tugaloo (Toogaloo) and Seneca rivers; the Tugaloo (Toogaloo) River from its mouth to the confluence of the Tallulah River and the Chattooga River; and Chattooga River to the point where it intersects with the thirty-fifth parallel of north latitude, which is the boundary line between Georgia and North Carolina. This agreement is also applicable to the Clark Hill Reservoir, Richard B. Russell Lake, the Hartwell Reservoir, Yonah Lake, Tugaloo (Toogaloo) Lake, Stevens Creek Lake, and the New Savannah Bluff Lock and Dam but is not applicable to any tributary streams to such impoundments nor to tributary streams of the Savannah, Tugaloo (Toogaloo), and Chattooga rivers. The inclusion of Richard B. Russell Lake in this agreement will be effective at such time that the State of South Carolina takes similar action.
(b) All persons meeting the fishing license requirements of the State of Georgia or the State of South Carolina will be allowed to fish on the banks and the waters described in subsection (a) of this Code section without the necessity of obtaining any other license.
(c) (1) The creel limits for striped bass and striped-white bass hybrids shall be ten fish of each species. The creel limits for bream (all species) shall be 30 fish, and the creel limit for crappies shall be 30 fish per day.
(2) It shall be unlawful for any person to possess more than 40 in the aggregate of all game fish except channel and flathead catfish. It shall also be unlawful for any person to possess more than ten in the aggregate of striped bass and striped-white bass hybrid from the waters described in subsection (a) of this Code section. It shall be unlawful to possess more than ten in the aggregate of largemouth, spotted, or Coosa bass and more than eight in the aggregate of trout. No person may possess in either state more fish than permitted by that state even though the fish may have been caught in the waters of the other state.
(3) The minimum size limit on trout taken from Clark Hill and Hartwell reservoirs shall be 14 inches in length between December 1 and April 1 of the following year. There shall be no size limit on trout taken from these waters during the period of April 1 through November 30.
(4) Any person using baskets, minnow seines, or trotlines for the taking of fish in the waters described in subsection (a) of this Code section, regardless of his residency, shall comply with the laws, rules, and regulations of the state containing the waters in which the gear is fished. Otherwise, this reciprocal agreement does not apply to commercial fresh-water or commercial salt-water fishing, only to fresh-water sport fishing.
(5) No person shall have a rifle in his possession or in a boat in South Carolina waters.
(6) All other fishing laws and regulations of the State of Georgia shall apply in the Georgia portion of these waters."
Section 13. Said title is further amended by adding at the end of Code Section 27-4-234, relating to reciprocal agreements with adjoining states, a new subsection (d) to read as follows:
"(d) The commissioner is authorized to enter into agreements from time to time with the proper authorities of any of the adjoining states whereby a valid fishing license
issued by the State of Georgia will be accepted and honored as and in lieu of a fishing license for adjoining states so agreeing on the banks and in the waters of the lakes,

MONDAY, MARCH 13, 1989

2201

rivers, and streams lying between the State of Georgia and such adjoining state or partly within the boundaries of both the State of Georgia and that adjoining state. In turn, valid licenses issued by said adjoining state shall be accepted and honored as and in lieu of a Georgia fishing license on the banks and in the waters of such lakes, rivers, and streams. Notwithstanding provisions of this title to the contrary, it shall be unlawful to take game fish except channel catfish, flathead catfish, American shad, and hickory shad from waters of the lakes, rivers, and streams lying between the State of Georgia and such adjoining state or partly within the boundaries of Georgia and that adjoining state. The numbers of those game fish which may be lawfully taken from such waters are limited by the commissioner in accordance with current, sound principles of wildlife management. Those limits allow one to 50 fish of each species to be taken but no more than a total of 50 fish of all species."
Section 14. Said title is further amended by striking subsection (b) of Code Section 27-5-4, relating to wild animal licenses and permits, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Wild animal licenses will be issued only to persons engaged in the wholesale or retail wild animal business or persons exhibiting wild animals to the public. Wild animal permits will be issued at no cost and only to persons for scientific or educational pur poses or to a pond owner for grass carp or grass carp hybrids where the department has determined that the possession of such carp by the pond owner will not constitute a threat to wildlife; provided, however, that no such permit shall be required for persons buying triploid grass carp from properly licensed wild animal dealers authorized to sell grass carp where the bill of sale is retained by the buyer as proof of such sale and where the triploid grass carp are to be stocked only into a private pond; provided, further, that no such license or permit shall be required solely for the transportation of wild animals through this state where the animals remain in this state no more than 24 hours and are not sold or transferred while in this state."
Section 15. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 16. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representative Lane of the lllth et al. move to amend the Floor substitute to SB 106 as follows:
On page 3 line 3 and line 31 strike "12" and insert in lieu thereof "1".

Representative Rainey of the 135th moves to amend the Floor substitute to SB 106 as follows:
Renumbering Sections 13 and 14 of Senate Bill 106 as Sections 14 and 15 and by inserting a new Section 13 as follows:
"Section 13. Said article is further amended by striking paragraph (2) of subsection (b) of Code Section 4-8-25, relating to requirements for possessing dangerous dogs or potentially dangerous dogs, in its entirety and substituting in lieu thereof a new para graph (2) to read as follows:
'(2) (A) The posting of the premises where the dangerous dog or potentially danger ous dog is located with a clearly visible sign warning that there is a dangerous dog
ef a dangerous deg.
(B) The Department of Natural Resources shall design a uniform symbol for the purpose of implementing Subparagraph (A) of this paragraph no later than July 1,

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JOURNAL OF THE HOUSE,

1989 and shall provide copies of the design to the governing authority of each county and municipality of this state. The sign required to be posted by Subparagraph (A) of this paragraph shall conform substantially to the design provided by the Department of Natural Resources pursuant to this subparagraph.
(C) The requirement of Subparagraph (A) of this paragraph shall become effective 60 days following the day the uniform design specified in Subparagraph (B) of this paragraph is distributed to the governing authority of each county and municipality of the state'."
The Floor substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y 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 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 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
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
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 Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder
Long 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
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 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 YSmyre 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 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 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

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

SB 137. By Senator Kidd of the 25th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Anno tated, relating to exemption from applicability, so as to provide for a new exemption for certain renovation and replacement projects; to provide an effective date.

MONDAY, MARCH 13, 1989

2203

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from Chapter 6 of Title 31, relating to state health planning and develop ment, so as to provide for a new exemption for certain remodeling, renovation, and replacement projects; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from Chapter 6 of Title 31, relating to state health planning and develop ment, is amended by striking "and" after the semicolon at the end of paragraph (14) of subsection (a) thereof, striking the period at the end of paragraph (15) of that subsection (a) and inserting in its place "; and", and by adding immediately thereafter a new para graph to read as follows:
"(16) Capital expenditures for a project otherwise requiring a certificate of need if those expenditures are for a project to remodel, renovate, replace, or any combination thereof, a medical-surgical hospital and:
(A) That hospital: (i) Has a bed capacity of not more than 50 beds; (ii) Is located in a county in which no other medical-surgical hospital is located; (iii) Has been designated as a disproportionate share hospital by the Department
of Medical Assistance; and (iv) Has at least 45 percent of its patient revenues derived from medicare, Med-
icaid, or any combination thereof, for the immediately preceding three years; and (B) That project:
(i) Does not result in any of the following: (I) The offering of any new clinical health services; (II) Any increase in bed capacity; (III) Any redistribution of existing beds among existing clinical health
services; or (IV) Any increase in capacity of existing clinical health services;
(ii) Has at least 80 percent of its capital expenditures financed by the proceeds of a special purpose county sales and use tax imposed pursuant to Article 3 of Chapter 8 of Title 48; and
(iii) Is located within a three-mile radius of and within the same county as the hospital's existing facility."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron Y 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

Y Beck Y Benefield
Benn
Birdsong
Y Bishop
Bostick Y Branch
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 Colbert Coleman

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JOURNAL OF THE HOUSE,

Y Colwell Y Connell
Couch
Cox Y Crawford
Y Crosby Y Cummings.B
Cummings.M Y Davis.C
Y Davis.G Davis.M Dixon.H
Y Dixon.S Dobbs
Y Dover Dunn 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 Y Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Holmes Y Hooks
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
Langford Lawrence Y Lawson

YLee Linder
YLong Lord
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
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 Postal Y Powell Y Rainey
YRandall 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
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 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 144, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Barnett of the 59th requested that he be recorded as voting "aye" on the passage of SB 350 and SB 106.

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 405. By Senator Deal of the 49th:
A bill to amend an Act providing for a supplement to the salary of the judges of the Superior Courts of the Northeastern Judicial Circuit so as to increase the supplements to each judge's salary; to provide for an effective date.

SB 406. By Senator Deal of the 49th:
A bill to amend an Act to supplement the salary of the judge of the Superior Courts of the Blue Ridge Judicial Circuit, as amended, so as to increase the amount of compensation paid to such judges by the counties comprising the Blue Ridge Judicial Circuit; to provide for an effective date.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bill 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 Registra tions and Elections, so as to change certain provisions relating to the appointment of certain members.

MONDAY, MARCH 13, 1989

2205

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

HB 1048. By Representatives Colwell of the 4th and Twiggs of the 4th:
A bill to amend an Act creating the office of commissioner of Lumpkin County, so as to change the provisions relating to the compensation of the commissioner.

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

SB 405. By Senator Deal of the 49th:
A bill to amend an Act providing for a supplement to the salary of the judges of the Superior Courts of the Northeastern Judicial Circuit so as to increase the supplements to each judge's salary; to provide for an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 406. By Senator Deal of the 49th:
A bill to amend an Act to supplement the salary of the judge of the Superior Courts of the Blue Ridge Judicial Circuit, as amended, so as to increase the amount of compensation paid to such judges by the counties comprising the Blue Ridge Judicial Circuit; to provide for an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

The Speaker Pro Tem assumed the Chair.

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

SB 360. By Senators English of the 21st and Kidd of the 25th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change the definition of certain terms.

The following substitute, offered by Representatives Childers of the 15th and Richardson of the 52nd, was read and adopted:

A BILL
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide that certain facilities and institutions shall include facilities providing care for persons who have traumatic brain injury; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental illness, so as to provide for a definition of "traumatic brain injury" and provide that such injury shall not be considered a mental ill ness; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking in its entirety paragraph (8) of Code Section 31-6-2, relating to definitions with respect to state health planning and development, and inserting in lieu thereof a new paragraph (8) to read as follows:

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JOURNAL OF THE HOUSE,

"(8) 'Health care facility' means hospitals; other special care units, including podiatric facilities, skilled nursing facilities, and kidney disease treatment centers, including freestanding hemodialysis units; intermediate care facilities; personal care homes not in existence on the effective date of this chapter; ambulatory surgical or obstetrical facilities; health maintenance organizations; ad home health agencies; and facilities which are devoted to the provision of treatment and rehabilitative care for periods continuing for 24 hours or longer for persons who have traumatic brain injury, as defined in Code Section 37-3-1."
Section 2. Said title is further amended by striking in its entirety paragraph (1) of Code Section 31-7-1, relating to definitions with respect to the regulation and construction of hospitals and other health care facilities, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) 'Institution' means: (A) Any community mental health and mental retardation facility; (B) Any building, facility, or place in which are provided two or more beds and
other facilities and services that are used for persons received for examination, diag nosis, treatment, surgery, maternity care, nursing care, or personal care for periods continuing for 24 hours or longer and which is classified by the department, as pro vided for in this chapter, as either a hospital, nursing home, or personal care home;
(C) Any health facility wherein abortion procedures under subsections (b) and (c) of Code Section 16-12-141 are performed or are to be performed;
(D) Any building or facility, not under the operation or control of a hospital, which is primarily devoted to the provision of surgical treatment to patients not requiring hospitalization and which is classified by the department as an ambulatory surgical treatment center;
(E) Any fixed or mobile specimen collection center or health testing facility where specimens are taken from the human body for delivery to and examination in a licensed clinical laboratory or where certain measurements such as height and weight determination, limited audio and visual tests, and electrocardiograms are made, excluding public health services operated by the state, its counties, or municipalities;
(F) Any building or facility, not directly associated with a hospital, which is devoted primarily to the provision, on a nonrecurring basis, of medical treatment to patients with acute injuries or conditions and which is classified by the Department of Human Resources as a freestanding emergency care clinic; or
(G) Any building or facility where human births occur on a regular and ongoing basis and which is classified by the Department of Human Resources as a birthing center; or T
(H) Any building or facility which is devoted to the provision of treatment and rehabilitative care for periods continuing for 24 hours or longer for persons who have traumatic brain injury, as defined in Code Section 37-3-1. The term 'institution' shall exclude all physicians' and dentists' private offices and treat ment rooms in which such dentists or physicians primarily see, consult with, and treat patients."
Section 3. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by adding between paragraphs (16) and (17) of Code Section 37-3-1, relating to definitions with respect to the examination and treatment for mental illness, a new paragraph (16.1) to read as follows:
"(16.1) 'Traumatic brain injury' means a traumatic insult to the brain and its related parts resulting in organic damage thereto which may cause physical, intellectual, emo tional, social, or vocational changes in a person. It shall also be recognized that a person having a traumatic brain injury may have organic damage or physical or social disorders, but for the purposes of this chapter, traumatic brain injury shall not be considered mental illness as defined in paragraph (11) of this Code section."
Section 4. This Act shall become effective July 1, 1989, except that Sections 1 and 2 of this Act shall become effective January 1, 1990.

MONDAY, MARCH 13, 1989

2207

Section 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the 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 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 Y Buck
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
Davis.G Y Davis.M Y Dixon.H
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
Groover Hamilton Hanner Y Harris

Y Hasty Y Heard Y Herbert Y Holcomb
Holland Y Holmes
Hooks Y Howren
Hudson Ylrwin
Isakson Jackson,J Y Jackson, W
Y 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
Lord Y Lucas Y Lupton
Mangum Martin Y McCoy Y McDonald Y McKelvey 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
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

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 Y Thurmond
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 Y Williams,J Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

SB 309. By Senator Peevy of the 48th:
A bill to amend Code Section 52-7-8.1 of the Official Code of Georgia Anno tated, relating to the discharge of sewage from vessels on Lake Sidney Lanier, so as to provide for certain exemptions with respect to vessels con structed on or before January 1, 1978.

The report of the Committee, which was favorable to the 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 Alford Y Alien

Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister

Y Barfoot Y Bargeron Y Barnett.B
Barnett.M YBeck Y Benefield

YBenn
Birdsong Bishop Y Bostick Y Branch Y Breedlove

Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell

2208

JOURNAL OF THE HOUSE,

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
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
Dunn
Y Edwards Y Ehrhart
Felton
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 Y Herbert Y Holcomb
Holland Y Holmes
Hooks
Y Howren
Y Hudson
Y Irwin Isakson
Y Jackson,J
Y Jackson.W Y Jamieson
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 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 Pinkston
YPoag Y Porter Y Poston Y Powell
Y Rainey Randall
Y Ransom Ray 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 Y Stanley Y Steele Y Stephens
Teper
Thomas.C Y Thomas.M Y Thompson
Thurmond Y Titus
Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
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 passage of the Bill, the ayes were 139, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 5. By Senator Kidd of the 25th:
A bill to amend Code Section 21-2-524 of the Official Code of Georgia Anno tated, 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 peti tion.

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

Aaron Y Abernathy Y Adams Y Aiken
Alford Y Alien Y Athon Y Atkins Y Bailey
Baker Balkcom Bannister Y Barfoot Y Bargeron Barnett.B Barnett,M Beck 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 Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark,L
Colbert Y Coleman
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 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
Hanner Harris Y Hasty Y Heard Y Herbert

Y Holcomb
Y Holland Y Holmes
Hooks Y Howren Y Hudson
Irwin
Isakson Y Jackson,J Y Jackson.W
Jamieson Y Jenkins
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
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
Pannell
Y Parham Y Parrish

MONDAY, MARCH 13, 1989

2209

Y Patten Y Pettit Y Pinkston
YPoag Porter
Y Poston Y Powell Y Rainey
Randall Y Ransom YRay

Reaves Y Redding Y Richardson Y Ricketson
Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith,?

Y 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
Thurmond
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 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 343. By Senator Kidd of the 25th:
A bill to amend Chapter 20 of Title 43 of the Official Code of Georgia Anno tated, known as the "Georgia Hearing Aid Dealers and Dispensers Act," so as to change certain provisions relating to examinations; to change the provi sions relating to when an apprentice dispenser's permit shall be 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 Y Alien Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom
Bannister Y Barfoot Y Bargeron
Barnett.B
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
Clark.B

Y Clark.H Y Clark.L
Colbert Y Coleman Y Colwell
Connell Y Couch
Cox Y Crawford
Y Crosby Y Cummings.B
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
Y Green Y Greene Y Gresham Y Griffin Y Groover
Y Hamilton Y Manner Y Harris

Y Hasty Y Heard Y Herbert Y Holcomb
Holland Y Holmes
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
Lane.R
Y Langford Y Lawrence Y Lawson YLee Y Linder YLong Y Lord Y 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 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 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 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
Ware
Watson 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 151, nays 0. The Bill, having received the requisite constitutional majority, was passed.

2210

JOURNAL OF THE HOUSE,

SB 324. By Senator Allgood of the 22nd:
A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Anno tated, 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.

The report of the Committee, which was favorable to the passage of 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
N Atkins N Bailey Y Baker
Balkcom
Y Bannister Y Barfoot Y Bargeron N Barnett.B Y Barnett,M YBeck N Benefield
Benn Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown NBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance
Cheeks N Childers
Clark.B

Y Clark.H
Clark.L Colbert Y Coleman Colwell Connell N Couch
Cox Y Crawford
Crosby Cummings.B 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 Y Fennel 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 N Holcomb Y Holland Y Holmes Y Hooks N Howren Y Hudson Y Irwin Y Isakson Y Jackson,J N Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Lane.D
Y Lane.R Y Langford Y Lawrence N Lawson
N 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 N Moody Y Moore Y Morton Y Moultrie N Mueller N 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 N Poston Y Powell
Rainey
Y Randall Y Ransom YRay
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 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 N Wall Ware
Watson 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 123, nays 18. The Bill, having received the requisite constitutional majority, was passed.

The Speaker assumed the Chair.

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

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

MONDAY, MARCH 13, 1989

2211

SB 255. By Senator Deal of the 49th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Anno tated, relating to bailable offenses, so as to change certain procedural requirements for hearings on offenses bailable only before a judge of the superior court.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill 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 Anno tated, 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.

The President has appointed on the part of the Senate the following: Senators Barker of the 18th, Parker of the 15th and Howard of the 42nd.

The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the
following Bill of the Senate:

SB 165. By Senator Kidd of the 25th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Anno tated, known as the "Georgia Election Code," so as to change the date of the general primary; to repeal certain provisions relating to nonpartisan prima ries and to change provisions relating to nonpartisan elections; to change the provisions relating to procedures for qualification of candidates generally.

The President has appointed on the part of the Senate the following: Senators Walker of the 43rd, Kidd of the 25th and Olmstead of the 26th.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 165. By Senator Kidd of the 25th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Anno tated, known as the "Georgia Election Code," so as to change the date of the general primary; to repeal certain provisions relating to nonpartisan prima ries and to change provisions relating to nonpartisan elections; to change the provisions relating to procedures for qualification of candidates generally.

Representative Holmes of the 28th moved that the House adhere to its position in substituting SB 165 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:

2212

JOURNAL OF THE HOUSE,

Representatives Holmes of the 28th, Moultrie of the 93rd and Holland of the 136th.

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

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

HB 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.

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

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.

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

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 Anno tated, relating to selling and other trade practices, so as to regulate and license certain distress merchandise sales, going out of business sales, fire sales, and other similar sales.

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.

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

SB 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 Anno tated, relating to certain exceptions to the prohibitions against gambling, so as to provide that such prohibitions against gambling shall not apply to cer tain games or devices; to provide for penalties.

MONDAY, MARCH 13, 1989

2213

The report of the Committee, which was favorable to the passage of 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 N Aiken
Alford Y Alien Y Athon N Atkins N Bailey Y Baker N Balkcom N Bannister N Barfoot Y Bargeron N Barnett.B Y Barnett.M YBeck N Benefit-Id Y Benn N Birdsong Y Bishop Y Bostick N Branch N Breedlove Y Brooks Y Brown N Buck N Buford N Byrd N Carrell Y Carter
Chambless Y Chance N Cheeks Y Childers Y Clark.B

N Clark.H Clark.L Colbert
Y Coleman Colwell
Y Connell N Couch
Cox N Crawford
Crosby Y Cummings.B Y Cummings.M N Davis.C Y Davis.G N Davis.M Y Dixon.H N Dixon.S N Dobbs N Dover N Dunn Y Edwards
Ehrhart N Felton Y Fennel N Floyd Y Foster N Godbee Y Goodwin N Green Y Greene N Gresham Y Griffin Y Groover Y Hamilton Y Manner N Harris

Y Hasty N Heard N Herbert N Holcomb N Holland Y Holmes N Hooks N Howren Y Hudson N Irwin
Isakson Y Jackson,J N Jackson, W N Jamieson N Jenkins Y Johnson N Jones N Kilgore Y Kingston N Lane.D N Lane,R N Langford N Lawrence
Lawson NLee N Linder N Long NLord Y Lucas N Lupton Y Mangum Y Martin N McCoy N McDonald Y McKelvey Y McKinney.B

Y McKinney.C N Meadows
Milam N Mobley N Moody
Moore N Morton N Moultrie Y Mueller N Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham N Parrish
Patten Y Pettit Y Pinkston N Poag N Porter
Poston Y Powell N Rainey Y Randall N Ransom NRay N Reaves Y Redding
Richardson N Ricketson
Robinson N Royal Y Selman N Simpson

Y Sinkfield N Smith.L Y Smith.P N Smith.T N Smith.W Y Smyre N Snow
N Stancil,F Y Stancil.S
Stanley N Steele Y Stephens Y Teper N Thomas.C Y Thomas.M
Thompson Y Thurmond N Titus N Tolbert N Townsend N Twiggs N Vaughan N Waddle Y Walker.C N Walker.L Y Wall
Ware Y Watson N Watts Y White N Wilder N Williams.B
Williams,J N Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 69, nays 89. The Bill, having failed to receive the requisite constitutional majority, was lost.

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

Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill 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.
The President has appointed on the part of the Senate the following:
Senators Barnes of the 33rd, Edge of the 28th and Peevy of the 48th.

2214

JOURNAL OF THE HOUSE,

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

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 Anno tated, 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.

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

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 Anno tated, 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 Speaker announced the House in recess until 1:45 o'clock this afternoon.

MONDAY, MARCH 13, 1989

2215

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has rejected the report of the Committee of Conference on the following Bill of the Senate:
SB 257. By Senator Garner of the 30th:
A bill to amend Code Section 42-10-4 of the Official Code of Georgia Anno tated, relating to the powers of the Georgia Correctional Industries Adminis tration, so as to change such powers with regard to capital projects; to clarify and restate its powers with regard to earnings, vocational training, and other wise; to ratify and approve existing facilities and a warehouse under con struction.
The Senate has disagreed to the House amendment to the following Bill of the Senate:
SB 239. By Senator Barnes of the 33rd:
A bill to amend Chapter 5 of Title 51 of the Official Code of Georgia Anno tated, 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.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:
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 Anno tated, relating to pharmacists and pharmacies, so as to change certain provi sions relating to prescribing, compounding, dispensing, and administering drugs by certain practitioners; to amend Chapter 34 of Title 43 of the Offi cial Code of Georgia Annotated, relating to physicians, osteopaths, and assis tants, so as to provide for definitions.
The President has appointed on the part of the Senate the following:
Senators Howard of the 42nd, Dawkins of the 45th and Baldwin of the 29th.
The following Resolution of the Senate, favorably reported by the Committee on Rules, was read:
SR 152. By Senators Foster of the 50th, Tysinger of the 41st, Deal of the 49th and others

2216

JOURNAL OF THE HOUSE,

A RESOLUTION
Creating a Joint Study Committee on the Equalized Adjusted School Property Tax Digest; and for other purposes.
WHEREAS, the equalized adjusted school property tax digest is a key element of the state and local funding calculations under the "Quality Basic Education Act"; and
WHEREAS, the equalized adjusted school property tax digest is a product of the average ratio of assessed value to true value of real property which is established by the state auditor and maintained on a continuing basis for each local school system; and
WHEREAS, the procedures to be followed in conducting the sales ratio study and in calculating the equalized adjusted school property tax digest were adopted in 1970 and need to be reviewed as to their adequacy.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on the Equalized Adjusted School Property Tax Digest to be composed of six members. Three members shall be members of the Senate appointed by the President of the Senate. Three members shall be members of the House of Representatives appointed by the Speaker. The President of the Senate shall designate a member of the committee as chairman of the committee. The chairman shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall review the procedure estab lished by law for computing the average ratio of assessed value to sales value of real prop erty and for compiling the annual equalized adjusted school property tax digest and recommend actions or legislation which the committee deems necessary or appropriate. The committee is authorized to request information and assistance from various state agencies and departments, including the Department of Audits and Accounting, the Department of Revenue, the Department of Education, the Office of Planning and Budget, the Legislative Budget Office, the House Research Office, the Senate Research Office, and local school systems. 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 effec tively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legis lative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of govern ment. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1989. The committee shall stand abolished on December 1, 1989.

On the adoption of the Resolution, the ayes were 94, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

The following Resolution of the House was read:

HR 408. By Representatives Buford of the 103rd, Groover of the 99th, Watson of the 114th, Waddle of the 113th and Walker of the 115th:
A resolution urging the Board of Regents of the University System of Georgia to convert Macon College into a four-year college.

The following Committee substitute was read and adopted:

A RESOLUTION
Urging the Board of Regents of the University System of Georgia to study converting Macon College into a four-year college; and for other purposes.

MONDAY, MARCH 13, 1989

2217

WHEREAS, the availability of quality college-level educational facilities is a major factor in the achievement of economic and industrial development, the creation and maintenance of employment opportunities, and the enhancement of quality of life for the citizens of an area; and
WHEREAS, effective competition for increasingly sophisticated and technological eco nomic and industrial development projects within the area will require a higher educa tional level than is now available in the middle Georgia area; and
WHEREAS, Macon College has, through its constantly increasing enrollment, demon strated its willingness to provide expanded educational opportunities; and
WHEREAS, recently the Board of Regents of the University System of Georgia voted to develop regional four-year colleges in middle and south Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that this body urges the Board of Regents of the University System of Georgia to take steps to study the feasibility and desirability of converting Macon College from a twoyear to a four-year college to serve the growing educational and economic development needs of the middle Georgia area.
BE IT FURTHER RESOLVED that the clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to H. Dean Propst, Chancellor of the Board of Regents of the University System of Georgia.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was adopted.
The Resolution, by substitute, was adopted.

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

HR 410. By Representatives Mangum of the 57th, Athon of the 57th and Hamilton of the 124th:
A resolution urging Congress to continue support for the Foreign Language Assistance Act of 1988.

HR 411. By Representatives Griffin of the 6th, Lee of the 72nd, Lawson of the 9th, Murphy of the 18th, Dover of the llth and others:
A resolution recognizing, honoring and commending Honorable Joe T. Wood and inviting him to appear before the House of Representatives.

The following Resolutions of the House were read and adopted:

HR 468. By Representatives Kingston of the 125th, Mueller of the 126th, Johnson of the 123rd, Hamilton of the 124th, Dixon of the 128th and Pannell of the 122nd:
A resolution commending and recognizing Mrs. Gertrude Greene.

HR 469. By Representative Wall of the 61st:
A resolution commending Honorable Ben Jessup, Doorkeeper, and the Assis tant Doorkeepers of the House of Representatives.

2218

JOURNAL OF THE HOUSE,

HR 470. By Representative Williams of the 48th: A resolution commending Mr. John Eugene Worth.

HR 471. By Representative Hamilton of the 124th: A resolution commending Mrs. Harriett Van Norte.

HR 472. By Representatives Colwell of the 4th, Twiggs of the 4th, Jackson of the 9th, Lawson of the 9th, Orr of the 9th and Barnett of the 10th:
A resolution commending and recognizing Arbor Acres Farm.

HR 473. By Representatives Cummings of the 17th and Murphy of the 18th: A resolution recognizing Guy F. Davenport of Polk County.

HR 474. By Representative Thomas of the 31st: A resolution commending Makeda Muhammad.

HR 475. By Representative Redding of the 50th: A resolution commending Reverend James Morton.

HR 476. By Representative Redding of the 50th:
A resolution congratulating the Thankful Baptist Church of Decatur, Georgia.

HR 477. By Representatives Mueller of the 126th, Kingston of the 125th, Pannell of the 122nd, Hamilton of the 124th and Johnson of the 123rd:
A resolution commending and recognizing Bill and Charlene Saunders of the Savannah Country Day School.

HR 478. By Representative Mueller of the 126th: A resolution commending Mr. and Mrs. Carl August Flathmann, Sr.

HR 479. By Representative Thomas of the 69th:
A resolution commending and recognizing Lisa Blackmon-Phillips of Temple, Georgia.

HR 480. By Representatives McKinney of the 40th and McKinney of the 35th:
A resolution commending the Kysor Industrial Corporation, Warren Sherer Division.

HR 481. By Representatives Padgett of the 86th and Connell of the 87th: A resolution honoring Mr. Bernard F. Miles.

HR 482. By Representative Mobley of the 64th: A resolution commending Willie H. Hill.

MONDAY, MARCH 13, 1989

2219

HR 483. By Representatives Birdsong of the 104th and Hudson of the 117th: A resolution expressing regret at the passing of Everett Floyd Dykes.

HR 484. By Representative Mobley of the 64th: A resolution commending Miles Godfrey.

HR 485. By Representatives Chambless of the 133rd, White of the 132nd, Cummings of the 134th and Balkcom of the 140th:
A resolution commending Miller Brewing Company.

HR 486. By Representatives Clark of the 20th, Aiken of the 21st, Atkins of the 21st, Howren of the 20th, Gresham of the 21st and others:
A resolution urging the Board of Commissioners of Cobb County to investi gate alternative methods of solid waste management.

HR 487. By Representatives Wilder of the 21st, Isakson of the 21st, Howren of the 20th, Clark of the 20th, Ehrhart of the 20th and Aiken of the 21st:
A resolution creating the Marietta-Cobb County Consolidation Study Commission.

HR 488. By Representative Harris of the 84th: A resolution commending Timothy Daniels.

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

SR 176. By Senators Dean of the 31st, Olmstead of the 26th, Harris of the 27th and others:
A resolution creating the Commission to Establish the City of Macon as the Permanent Site of the Georgia Music Hall of Fame.

The following amendment was read and adopted:

Representative Pinkston of the 100th moves to amend SR 176 by striking the figure "20" on Line 18, Page 3 and placing in lieu thereof the figure "5".

An amendment offered by Representative Smith of the 78th was read and withdrawn.

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 100, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

SB 323. By Senator Coverdell of the 40th:
A bill to amend Code Section 36-30-3 of the Official Code of Georgia Anno tated, relating to the prohibition of councils binding future councils, so as to change the provisions relating to governing authorities of municipal corpora tions having a population of not less than 400,000.

2220

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

The Committee on State Planning & Community Affairs moves to amend SB 323 by striking from lines 9 through 14 of page 2 the following:
"; and to authorize the mayor to include in any such contracts or to enter into amend ments to any such existing or future contracts in order to include terms and conditions which provide for renewals or extensions of the initial 50 year term of such contracts.",
and inserting in lieu thereof the following:
"and to authorize the mayor to include in any such contracts for use of property which is located in a downtown development area and is in or contiguous to an urban redevelopment area established pursuant to Chapter 61 of this title or to enter into amendments to any such existing or future contracts for use of property which is located in such areas in order to include terms and conditions which provide for renewals or extensions of the term of such contracts for a period of time not to exceed an additional

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
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
Benn Y Birdsong Y Bishop Y Bostick Y Branch
Breedlove
Y Brooks Brown Buck
Y Buford YByrd Y Carrell Y Carter
Chambless Y Chance Y Cheeks Y Childers
Clark.B

Y Clark.H
Y Clark.L Colbert
Y Coleman Y Colwell
Connell
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
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
Herbert Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren
Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson, W Y Jamieson
Jenkins Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Lane.R Y Langford Y Lawrence Y Lawson
Lee Y Linder
Long Y 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
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
Reaves Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson

Sinkfield Y Smith.L
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 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 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 140, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The following Resolution of the House was read and adopted:

MONDAY, MARCH 13, 1989

2221

HR 489. By Representatives Murphy of the 18th, Connell of the 87th, McDonald of the 12th and Groover of the 99th:
A resolution commending Miss Amelia Smith.

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 319. By Representatives McKinney of the 35th and Felton of the 22nd

A RESOLUTION
Creating the House Fulton County Study Commission; and for other purposes.
WHEREAS, there is a new and healthy emphasis on "community" and on making the places where people live as safe, desirable, and pleasant as possible; and
WHEREAS, the decentralization of cities with a functional flow of power back to smaller, more responsible units of government is the solution city planners are predicting for the future; and
WHEREAS, according to The Advisory Commission on Intergovernmental Relations' (ACIR) Winter 1989 "Intergovernmental Perspective," efficiency in the production and delivery of services makes little difference if service producers are not responsive to citizen preferences. Responsiveness depends on representation, the opportunity for citizens to be heard, and the ability of citizens to hold local officials accountable; and
WHEREAS, the large-scale development of certain areas of unincorporated Fulton County does not help the City of Atlanta which wants commercial property nor the unin corporated areas where the citizens want to preserve their neighborhoods; and
WHEREAS, a study needs to be made of the zoning, taxing, and deliverance of governmental services in the unincorporated area of Fulton County.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that there is created the House Fulton County Study Commission to be composed of the following members:
(1) Each member of the House of Representatives whose district encompasses a por tion of the unincorporated area of Fulton County;
(2) One citizen member appointed by each of the members of the General Assembly who are on the commission pursuant to paragraph (1); and
(3) Each member of the Board of Commissioners of Fulton County or his or her designee. The chairman of the Fulton County legislative delegation shall serve as chairman of the commission. The chairman shall call all meetings of the commission.
BE IT FURTHER RESOLVED that the commission shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recom mend any actions or legislation which the commission deems necessary or appropriate. In particular, the commission shall study the zoning, taxing, and deliverance of governmental services in the unincorporated area of Fulton County. The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The nonlegislative members of the commis sion shall not be compensated nor receive any allowances, expenses, or per diem for their services on the commission. The legislative members of the commission shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds

2222

JOURNAL OF THE HOUSE,

of the legislative branch of government. In the event the commission makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1989. The commission shall stand abolished on December 1, 1989.

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

Y Aaron Y Abernathy Y Adams Y Aiken
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
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
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 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
Hanner
Y Harris

Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
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
Lane.R Y Langford Y Lawrence Y Lawson YLee Y Under
Long Lord
Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey Y McKinney.B

Y McKinney.C Y Meadows YMilam
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
Pinkston
YPoag Y Porter Y Poston Y Powell Y Rainey
Randall
Y Ransom YRay Y Reaves Y Redding Y Richardson
Ricketson Y Robinson
Y Royal Y Selman
Simpson

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
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 YWare Y Watson Y Watts
Y White Y Wilder Y Williams,B Y Williams,J Y Yates Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, the ayes were 146, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

The following Resolutions of the House were read and adopted:

HR 490. By Representative Murphy of the 18th:
A resolution commending and recognizing Colonel Aubrey T. Villines on the occasion of his retirement.

HR 491. By Representative Carrell of the 65th: A resolution commending the George Walton Academy boys basketball team.

HR 492. By Representative Carrell of the 65th: A resolution commending Morris Jackson Fendley.

MONDAY, MARCH 13, 1989

2223

The Speaker assumed the Chair.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 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.

Representative Thomas of the 69th moved that the House adhere to its position in amending SB 185 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Pettit of the 19th, Baker of the 51st and Chambless of the 133rd.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 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.

Representative Thomas of the 69th moved that the House insist on its position in disagreeing to the Senate amendment to the House amendment to SB 183 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 Oliver of the 53rd, Thomas of the 69th and Alien of the 127th.

The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:
HB 30. By Representative Alien of the 127th:
A bill to amend Code Section 16-13-31 of the Official Code of Georgia Anno tated, prohibiting trafficking in certain controlled substances and marijuana, so as to change the provisions relating to penalties.

2224

JOURNAL OF THE HOUSE,

The following Senate substitute was read:
A BILL
To amend Code Section 16-13-31 of the Official Code of Georgia Annotated, prohib iting trafficking in certain controlled substances and marijuana, so as to change the provi sions relating to penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-13-31 of the Official Code of Georgia Annotated, prohib iting trafficking in certain controlled substances and marijuana, is amended by striking that Code section and inserting in its place a new Code Section 16-13-31 to read as follows:
"16-13-31. (a) (1) Any person who knowingly sells, manufactures, delivers, or brings into this state or who is knowingly in possession of 28 grams or more of cocaine or of any mixture with a purity of 10 percent or more of cocaine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine and, upon conviction thereof, shall be punished as follows:
(A) If the quantity of the cocaine or the mixture involved is 28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $100,000.00 $200,000.00;
(B) If the quantity of the cocaine or the mixture involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $260,000.00 $300,000.00; and
(C) If the quantity of the cocaine or the mixture involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $600,000.00 $1 million. (2) Any person who knowingly sells, manufactures, delivers, or brings into this state or who is knowingly in possession of any mixture with a purity of less than 10 percent of cocaine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine if the total weight of the mixture multiplied by the percentage of cocaine contained in the mixture exceeds any of the quantities of cocaine specified in paragraph (1) of this subsection. Upon conviction thereof, such person shall be punished as provided in paragraph (1) of this subsection depending upon the quantity of cocaine such person is charged with knowingly selling, manufac turing, delivering, or bringing into this state or knowingly possessing. (b) Any person who knowingly sells, manufactures, delivers, brings into this state, or has possession of four grams or more of any morphine or opium or any salt, isomer, or salt of an isomer thereof, including heroin, as described in Schedules I and II, or four grams or more of any mixture containing any such substance in violation of this article commits the felony offense of trafficking in illegal drugs and, upon conviction thereof, shall be punished as follows: (1) If the quantity of such substances involved is four grams or more, but less than 14 grams, the person shall be sentenced to a mandatory minimum term of imprison ment of five years and shall pay a fine of $50,000.00; (2) If the quantity of such substances involved is 14 grams or more, but less than 28 grams, the person shall be sentenced to a mandatory minimum term of imprison ment of ten years and shall pay a fine of $100,000.00; and (3) If the quantity of such substances involved is 28 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $500,000.00. (c) Any person who knowingly sells, manufactures, grows, delivers, brings into this state, or has possession of a quantity of marijuana exceeding 106 50 pounds commits the offense of trafficking in marijuana and, upon conviction thereof, shall be punished as follows: (1) If the quantity of marijuana involved is in excess of WO 50 pounds, but less than 2,000 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $26,000.00 $100,000.00;

MONDAY, MARCH 13, 1989

2225

(2) If the quantity of marijuana involved is 2,000 pounds or more, but less than 10,000 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of seven years and shall pay a fine of $60,000.00 $250,000.00; and
(3) If the quantity of marijuana involved is 10,000 pounds or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $200,000.00 $1 million. (d) Any person who knowingly sells, manufactures, delivers, or brings into this state 200 grams or more of methaqualone or of any mixture containing methaqualone, as described in paragraph (5) of Code Section 16-13-25, in violation of this article commits the felony offense of trafficking in methaqualone and, upon conviction thereof, shall be punished as follows:
(1) If the quantity of the methaqualone or the mixture involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory mini mum term of imprisonment of five years and shall pay a fine of $50,000.00; and
(2) If the quantity of the methaqualone or the mixture involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $250,000.00. (e) (1) Except as provided in paragraph (2) of this subsection and notwithstanding Code Section 16-13-2, with respect to any person who is found to have violated this Code section, adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred, or withheld prior to serving the mandatory minimum term of imprisonment prescribed by this Code section.
(2) The district attorney may move the sentencing court to impose a reduced or suspended sentence upon any person who is convicted of a violation of this Code section and who provides substantial assistance in the identification, arrest, or convic tion of any of his accomplices, accessories, coconspirators, or principals. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may impose a reduced or suspended sentence if he finds that the defendant has rendered such substantial assistance. (f) Any person who violates any provision of this Code section in regard to traffick ing in cocaine, illegal drugs, or marijuana shall be punished by imprisonment for not less than five years nor more than 30 years and by a fine not to exceed $600,000.00 $1 mil lion."
Section 2. 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 substi tute to HB 30.
On the motion, 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
Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Beck Y Benefield
Benn Birdsong Bishop Bostick

Y Branch Y Breedlove Y Brooks
Brown Buck Y Buford Y Byrd Y Carrell Y Carter Y Chambless Y Chance Cheeks
Y Childers Clark,B
Y Clark.H Y Clark.L
Colbert Coleman Y Colwell Y Conneil 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 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
Hudson Y twin
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
Long Y Lord
Lucas Y Lupton Y Mangum Y Martin
McCoy Y McDonald Y McKelvey
McKinney.B Y McKinney.C Y Meadows

2226

JOURNAL OF THE HOUSE,

Y Milam
Y Mobley Y Moody
Moore Y Morton Y Moultrie
Y Mueller Oliver.C
YOliver.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 Y Rainey
Randall Y Ransom Y Ray
Y Reaves Y Redding

Y Richardson
Y Ricketson Robinson
Y Royal Selman Simpson
Y Sukfield Y Smith.L Y Smith,P
Smith.T Y Smith,W Y Smyre
Y Snow Y Stancil.F

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

Y Stancil.S
Y 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
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 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 compen sation of Justices of the Supreme Court and Judges of the Court of Appeals; to provide a mechanism for future changes in such compensation.

The following Senate amendment was read:

Amend HB 55 by striking from line 23 of page 1 the following: "$80,600.00", and inserting in its place the following: "$80,700.00". By striking from line 19 of page 2 the following: "$80,000.00", and inserting in its place the following: "$80,100.00".

Representative Groover of the 99th moved that the House disagree to the Senate amendment to HB 55.
The motion prevailed.

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 following Senate substitute was read:

MONDAY, MARCH 13, 1989

2227

A BILL
To amend Article 1 of Chapter 3 of Title 12 of the Official Code of Georgia Anno tated, relating to general provisions applicable to state parks, historic sites, and recrea tional areas, so as to provide for reduced fees for the use or occupancy of such facilities by disabled veterans; 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 1 of Chapter 3 of Title 12 of the Official Code of Georgia Anno tated, relating to general provisions applicable to state parks, historic sites, and recrea tional areas, is amended by adding immediately following Code Section 12-3-9 a new Code Section 12-3-9.1 to read as follows:
"12-3-9.1. (a) As used in this Code section, the term: (1) 'Disabled veteran' means a veteran discharged under honorable conditions from
any branch of the armed forces of the United States who has a physical disability which was incurred during the period of service in the armed forces and who is a resi dent of the State of Georgia.
(2) 'Fee' means the charge or fee established by the Board of Natural Resources for the use or occupancy of any state park, historic site, or recreational area and spe cifically includes, but is not limited to, entrance or admittance fees, rental fees for cabins or other overnight lodgings, rental fees for campsites, and fees for the use of golf courses or other recreational facilities. (b) Any disabled veteran may apply to the commissioner of veterans service for certification as a disabled veteran as defined by paragraph (1) of subsection (a) of this Code section. The commissioner of veterans service is authorized and directed to certify such applicants as disabled veterans and to issue to such applicants such proof of certifi cation as the commissioner finds appropriate. The commissioner of veterans service may by rule or regulation require such documentation as may be necessary to certify disabled veterans as provided in this subsection. (c) Any disabled veteran who is certified as such by the commissioner of veterans service as provided in subsection (b) of this Code section shall be granted a discount of 25 percent of the fee otherwise applicable at any state park, historic site, or recrea tional area operated by or pursuant to the authority of the Department of Natural Resources or any division or other agency of said department. (d) The discount provided for in subsection (c) of this Code section:;
(1) Shall apply to rental fees for cabins, campsites, or other overnight accommoda tions for the disabled veteran and members of the disabled veteran's immediate family who occupy the overnight accommodations with the disabled veteran; and
(2) Shall not apply to rental or use fees for any group facilities or accommoda tions."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Beck of the 148th moved that the House agree to the Senate substitute to HB 129.
On the motion, the roll call was ordered and the vote was as follows:

Aaron Y Abernathy
Y Adams
Y Aiken Alford
Y Alien Y Athon Y Atkins Y Bailey
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
Brooks
Y Brown 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
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

2228

JOURNAL OF THE HOUSE,

Dunn Y Edwards Y Ehrhart Y 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 Holmes
Y Hooks Y Howren

Hudson Y Irwin
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
Long YLord
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
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 145, nays 0. The motion prevailed.

Y Poston Y Powell Y Rainey
Randall Y Ransom YRay Y Reaves
Redding Richardson Y Ricketson Robinson Y Royal Setman 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
Thompson Thurmond Y Titus Y Tolbert
Y Townsend YTwiggs 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

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.

The following Senate amendment was read:

Amend HB 272 by inserting on line 3 of page 4, between the word "renewal" and the symbol ".", the following:
"; provided, however, that the total rental paid in any rental year shall never exceed 5 percent of the annual wet dockage gross rental income, which shall include transient, short-term, and long-term rentals and amortized condominium sales, if applicable, as determined and adjusted at the end of each rental year".

Representative Patten of the 149th moved that the House agree to the Senate amend ment to HB 272.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken
Alford N 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
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
Clark,B N Clark.H Y Clark,L
Colbert

Coleman Y Colwell Y Connell
Y Couch Cox
Y Crawford Crosby
Y Cummings.B Y Cummings.M Y Davis.C
Y Davis.G N Davis.M N Dixon.H

N Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Ehrhart
Y Felton Y Fennel
Floyd
Foster Godbee Y Goodwin Y Green

MONDAY, MARCH 13, 1989

Y Greene
Gresham Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty Y Heard Y Herbert YHolcomb Y Holland Y Holmes Y Hooks Y Howren Hudson Y Irwin Isakson Y Jackson,J YJackson.W
Y Jamieson Y Jenkins
Johnson

Y Jones
Y Kilgore N Kingston Y Lane,D Y Lane,R
Langford N Lawrence Y Lawson Y Lee Y Linder
Long 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 Moore
Y Morton Y Moultrie N Mueller Y Oliver.C Y 01iver,M Y Orr Y Orrock Y Padgett
Pannell Y Parham
Parrish Y Patten Y Pettit Y Pinkston Y Poag Y Porter Y Poston
Y Powell Rainey Randall

N Ransom
Y Ray Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal
Selman Simpson Y Sinkfield Y Smith.L Y Smith,? Smith.T N Smith.W Y Smyre Y Snow Y Stancil,F Y Stancil,S Y Stanley
Y Steele Y Stephens Y Teper

On the motion, the ayes were 131, nays 10. The motion prevailed.

2229
Thomas.C Y 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 White Y Wilder Y WiUiams,B Y Williams,J Y Yates Y Yeargin Murphy.Spkr

Representative Hamilton of the 124th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

HB 1048. By Representatives Colwell of the 4th and Twiggs of the 4th:
A bill to amend an Act creating the office of commissioner of Lumpkin County, so as to change the provisions relating to the compensation of the commissioner.

The following Senate amendment was read:

Amend HB 1048 by striking the figure "$1,800.00" where it appears in line 20 on page 1 and inserting in lieu thereof the figure "$2,400.00".

Representative Colwell of the 4th moved that the House agree to the Senate amend ment to HB 1048.
On the motion the ayes were 110, nays 0.
The motion prevailed.

The following Resolution of the House was read and adopted:

HR 464. By Representatives Holland of the 136th, Fennel of the 155th, Abernathy of the 39th, Irwin of the 13th, Poston of the 2nd, Teper of the 46th, Baker of the 51st, McKinney of the 40th, Orr of the 9th, Dixon of the 128th, Jenkins of the 80th and Barfoot of the 120th:
A resolution wishing Honorable Thomas B. Murphy a "Happy Birthday".

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

2230

JOURNAL OF THE HOUSE,

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 Anno tated, relating to selling and other trade practices, so as to regulate and license certain distress merchandise sales, going out of business sales, fire sales, and other similar sales.

The following Senate substitute was read:

A BILL
To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," so as to change certain definitions; to prohibit certain 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 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 discon tinuance 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 going out of business sale for more than 90 days; or (B) After the 90 day time limit in subparagraph (A) of this paragraph 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

MONDAY, MARCH 13, 1989

2231

(vi) Sales of automobiles by an auctioneer licensed under the laws of the State of Georgia."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Porter of the 119th moved that the House agree to the Senate substi tute to HB 193.
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 Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Beck
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 Y 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 Y Davis.G
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
Gresham
Y Griffin Y Groover Y Hamilton Y Manner Y Harris

Y Hasty Y Heard Y Herbert Y Holcomb
Holland Y Holmes Y Hooks N Howren
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
Long Lord Y Lucas Y Lupton Y Mangum Martin Y McCoy Y McDonald Y McKelvey Y McKinney.B

On the motion, the ayes were 145, nays 1. The motion prevailed.

Y McKinney.C Y Meadows Y Milam
Mobley Y Moody
Moore Y Morton Y Moultrie
Mueller
Y Oliver.C Oliver.M
YOrr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinks ton Poag Y Porter Y Poston Y Powell
Rainey Randall 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 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 Y Wall Ware Y Watson Y Watts White
Y Wilder WilliamsJB
Y Williams,J
Y Yates Y Yeargin
Murphy.Spkr

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 Anno tated, 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.

The following Senate amendment was read:

Amend HB 415 by striking from line 10 of page 2 the word "the" and inserting in lieu thereof the word "such".
By striking from line 12 of page 2 the words ", and only if another school in the system", by striking lines 13 and 14, and by striking from line 15 the words "through (c) of this Code Section".

2232

JOURNAL OF THE HOUSE,

Representative Crosby of the 150th moved that the House agree to the Senate amend ment to HB 415.
On the motion, 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 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 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 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 Goodwill Y Green Y Greene
Gresham Y Griffin
Groover Y Hamilton Y Hanner Y Harris

Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Holmes Y Hooks Y Howren
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
Long YLord Y Lucas Y Lupton
Mangum Y Martin
McCoy Y McDonald Y McKelvey
McKinney.B

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

Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody
Moore Y Morion Y Moultrie Y Mueller Y Oliver.C
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
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,? 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
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

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 Anno tated, 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 following Senate amendment was read:

Amend HB 178 by adding on line 24, p. 2 the following:
"However, such information shall be made available to the members of the House & Senate Insurance Committees."

Representative Ware of the 77th moved that the House disagree to the Senate amend ment to HB 178.
The motion prevailed.

MONDAY, MARCH 13, 1989

2233

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 Senate substitute was read:

A BILL
To amend Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Anno tated, 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; to provide for related matters; to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to authorize the center to make certain criminal history records available to parties to a lawsuit under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Anno tated, relating to hearsay in general, is amended by striking Code Section 24-3-17, relating to the admissibility of certified copies of records and computer data from the Department of Public Safety, in its entirety and inserting in lieu thereof a new Code Section 24-3-17 to read as follows:
"24-3-17. (a) A certified copy of any record of the Department of Public Safety or comparable agency in any other state is admissible in any judicial proceedings or admin istrative hearing in the same manner as the original of the record.
electronically connected by a terminal device te the computer data center ef the Depart ment ef Public Safety, 9tteh Any court may receive and use as evidence in any case information obtained by this device otherwise admissible from the records of the Department of Public Safety obtained from any terminal lawfully connected to the Georgia Crime Information Center without the need for additional certification of those records."
Section 2. Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Anno tated, relating to the Georgia Crime Information Center, is amended by striking subsection (a) of Code Section 35-3-34, relating to the dissemination of records by the center, and inserting in its place a new subsection (a) to read as follows:
"(a) The center shall be authorized to: (1) Make criminal history records maintained by the center available to private
persons and businesses under the following conditions: (A) Private individuals and businesses requesting criminal history records shall,
at the time of the request, provide the fingerprints of the person whose records are requested or provide a signed and notarized consent of the person whose records are requested on a form prescribed by the center which shall include such person's full name, address, social security number, and date of birth; and
(B) The center may not provide records of arrests, charges, and sentences for crimes relating to first offenders pursuant to Article 3 of Chapter 8 of Title 42 in cases where offenders have been exonerated and discharged without court adjudica tions of guilt, except as specifically authorized by law; and or

2234

JOURNAL OF THE HOUSE,

(2) Make criminal history records available to parties to any civil or criminal action upon receipt of a written request of such party or his attorney. Such request shall contain the style of the action, the name of the person whose records are requested, and a statement that such person is a party or a prospective witness in said case; and
(2) (3) Charge fees for disseminating records pursuant to this Code section which will raise an amount of revenue which approximates, as nearly as practicable, the direct and indirect costs to the state for providing such disseminations."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Baker of the 51st moved that the House disagree to the Senate substi tute to HB 380.
The motion prevailed.

HB 679. By Representative Adams of the 79th:
A bill to amend Code Section 13-10-1 of the Official Code of Georgia Anno tated, 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.

The following Senate substitute was read:

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 required on contracts with the state, counties, municipalities, and other public bodies for public works, so as to provide that in lieu of 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; 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; to provide for payments by the principal contractor when certain accounts are due or agreements violated; to amend Article 4 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds for public contractors, so as to provide for the approval and filing of security deposits; to provide for action on breached security deposit; to provide a limitation on time to bring action on a security deposit; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bid bonds or other security and bonds required on contracts with the state, counties, municipalities, and other public bodies for public works, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) No contract with this state, a county, a municipal corporation, or any public board or body thereof, for the doing of any public work shall be valid for any purpose, unless the contractor shall give:
(1) A performance bond with good and sufficient surety or sureties payable to, in favor of, and for the protection of the state, county, municipal corporation, or public board or body thereof for which the work is to be done. The performance bond shall be in the amount of at least the total amount payable by the terms of the contract. This bond shall not be required when a bond is required under Code Section 36-10-4;

MONDAY, MARCH 13, 1989

2235

(2) (A) A payment bond with good and sufficient surety or suretiesy payable to the state, county, municipal corporation, or public board or body thereof for which the work is to be done, and for the use and protection of all subcontractors and all persons supplying labor, materials, machinery, and equipment in the prosecution of the work provided for in the contract, including any subcontractor having a direct contract with a principal contractor for labor, materials, or equipment. In case of any forfeiture of payment to labor according to a subcontractor's agreement, the surety must make said payments within 24 working days from the due date. All other accounts due involving materials, equipment, and machinery must be paid before the principal contractor receives any moneys from his escrow account or js relieved from his bond responsibilities. The payment bond on the principal contrac tor shall be in the amount of at least the total amount payable by the terms of the contract.
(B) In lieu of the payment bond provided for in subparagraph (A) of this para graph, the state, a county, a municipal corporation, or any public board or body may accept a cashier's check, certified check, or cash in the amount of at least the total amount payable by the terms of the contract for the use and protection of all subcontractors and all persons supplying labor, materials, machinery, and equip ment in the prosecution of work provided in the contract."
Section 2. Article 4 of Chapter 82 of Title 36 of the Official Code of Georgia Anno tated, relating to bonds for public contractors, is amended by striking in its entirety Code Section 36-82-102, relating to the approval and filing of bonds, and inserting in lieu thereof a new Code Section 36-82-102 to read as follows:
"36-82-102. The bonds or security deposits required under Code Section 36-82-101 shall be approved and filed with the treasurer or the person performing the duties usu ally performed by a treasurer of the obligee named therein unless the contract is for the erection, improvement, or repair of buildings for a state institution, in which case it shall be approved and filed with the board or officer having the financial management of such institution. If the surety named in the bonds is other than a surety company authorized by law to do business in this state, such bonds shall not be approved and filed unless such surety makes and files an affidavit with such bonds, stating under oath that he is the fee simple owner of real estate equal in value to the amount of the bonds over and above any and all liens, encumbrances, and exemption rights allowed by law. If the pay ment bond or security deposit required in paragraph (2) of subsection (b) of Code Section 13-10-1, together with affidavit when necessary, is not taken in the manner and form required in this Code section, the corporation or body for which work is done under the contract shall be liable to all subcontractors and to all persons furnishing labor, skill, tools, machinery, or materials to the contractor or subcontractor thereunder for any loss resulting to them from such failure. No agreement, modification, or change in the contract, change in the work covered by the contract, or extension of time for the completion of the contract shall release the sureties of such payment bond."
Section 3. Said Article 4 of Chapter 82 is further amended by striking in its entirety Code Section 36-82-104, relating to action on breached bond, and inserting in lieu thereof a new Code Section 36-82-104 to read as follows:
"36-82-104. (a) The obligee in any bid bond required to be given in accordance with subsection (a) of Code Section 13-10-1 or the obligee in any performance bond required to be given in accordance with paragraph (1) of subsection (b) of Code Section 13-10-1 shall be entitled to maintain an action thereon at any time upon any breach of such bond.
(b) Every person entitled to the protection of the payment bond or security deposit required to be given under paragraph (2) of subsection {a) (b) of Code Section 13-10-1, who has not been paid in full for labor or material furnished in the prosecution of the work referred to in such bond or security deposit before the expiration of a period of 90 days after the day on which the last of the labor was done or performed by him or the material or equipment or machinery was furnished or supplied by him for which such claim is made, or when he has completed his subcontract for which claim is made,

2236

JOURNAL OF THE HOUSE,

shall have the right to bring an action on such payment bond or security deposit for the amount, or the balance thereof, unpaid at the time of the commencement of such action and to prosecute such action to final execution and judgment for the sum or sums due him; provided, however, that any person having direct contractual relationship with a subcontractor, but no contractual relationship express or implied with the contractor furnishing such payment bond or security deposit, shall have the right of action upon the payment bond or security deposit upon giving written notice to the contractor within 90 days from the day on which such person did or performed the last of the labor or furnished the last of the material or machinery or equipment for which such claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was performed or done; and provided, further, that nothing contained in this Code section shall limit the right of action to said 90 day period.
(c) Notice may be served by depositing a notice, registered or certified mail, postage prepaid, duly addressed to the contractor, at any place at which he maintains an office or conducts his business or at his residence, in any post office or branch post office or any letter box under the control of the United States Postal Service; alternatively, notice may be served in any manner in which the sheriffs of this state are authorized by law to serve summons or process.
(d) Every action instituted under this Code section shall be brought in the name of the claimant, without the state, county, municipal corporation, or public board or body for which the work was done or was to be done being made a party thereto.
(e) The official who has the custody of the bond or security deposit is authorized and directed to furnish, to any person making application therefor who submits an affi davit that he has supplied labor or materials for such work and that payment therefor has not been made or that he is being sued on any such bond or security deposit, a copy of the bond or security deposit agreement and the contract for which it was given, certi fied by the official who has custody of the bond or security deposit; this copy shall be primary evidence of the bond or security deposit and contract and shall be admitted in evidence without further proof. Applicants shall pay for such certified copies and such certified statements such fees as the official fixes to cover the cost of preparation thereof, provided that in no case shall the fee fixed exceed the fees which the clerks of the superior courts are permitted to charge for similar copies."
Section 4. Said article is further amended ,by striking in its entirety Code Section 36-82-105, relating to limitation on time to bring action on bonds, and inserting in lieu thereof a new Code Section 36-82-105 to read as follows:
"36-82-105. No action can be instituted on the bonds or security deposits required under Code Section 36-82-101 or cither any of them after one year from the completion of the contract and the acceptance of the public building or public work by the proper public authorities."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Adams of the 79th moved that the House disagree to the Senate sub stitute to HB 679.
The motion prevailed.

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 Anno tated, relating to the duty of probationers to inform their probation super visors 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 following Senate substitute was read:

MONDAY, MARCH 13, 1989

2237

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 resi dence and whereabouts and violations in connection therewith, so as to provide additional circumstances under which the running of a probated sentence shall be suspended; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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 resi dence and whereabouts and violations in connection therewith, is amended by striking sub section (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) Any other provision of this article to the contrary notwithstanding, it shall be the duty of a probationer, as a condition of probation, to keep his probation super visor informed as to his residence. Upon the recommendation of the probation super visor, the court may also require, as a condition of probation and under such terms as the court deems advisable, that the probationer keep the probation supervisor informed as to his whereabouts. The failure of a probationer to report to his probation supervisor as directed or a return of non est inventus or other return to a warrant, for the violation of the terms and conditions of probation, that the probationer cannot be found in the county that appears from the records of the probation supervisor to be the probationer's county of residence shall automatically suspend the running of the probated sentence until the probationer shall personally report to the probation supervisor, is taken into custody in this state, or is otherwise available to the court; and such period of time shall not be included in computing creditable time served on probation or as any part of the time that the probationer was sentenced to serve. The effective date of the tolling of the sentence shall be the date that the officer returns the warrant showing non est inventus. Any officer authorized by law to issue or serve warrants may return the warrant for the absconded probationer showing non est inventus.
(2) In addition to the provisions of paragraph (1) of this subsection, if the proba tion supervisor submits an affidavit to the court stating that a probationer has absconded and cannot be found, the running of the probated sentence shall be sus pended effective on the date such affidavit is submitted to the court and continuing until the probationer shall personally report to the probation supervisor, is taken into custody in this state, or is otherwise available to the court."
Section 2. 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 substi tute to HB 616.
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 Y Balkcom Y Bannister Y Barfoot Y Bargeron
Barnett,B

Y Barnett,M Beck
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 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
Dunn Y Edwards Y Ehrhart
Pelton 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

2238

JOURNAL OF THE HOUSE,

Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Hudson
Ylrwin 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 Y Lawson

YLee Y Under
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 Y Moody
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
Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey
Randall
Y Ransom YRay Y Reaves
Redding

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

Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L
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 Walker,L Y Wall Y Ware Y Watson Y Watts White
Y Wilder Y Williams,B Y William8,J
Y Yates Y Yeargin
Murphy ,Spkr

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

SB 239. By Senator Barnes of the 33rd:
A bill to amend Chapter 5 of Title 51 of the Official Code of Georgia Anno tated, 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.

Representative Chambless of the 133rd moved that the House insist on its position in amending SB 239.
The motion prevailed.

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

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 Prac tices Act of 1975," so as to provide for written contracts in health spa trans actions; to require certain contractual provisions; to provide for rights of cancellation under certain circumstances.

The following Senate substitute was read:

A BILL
To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, 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

MONDAY, MARCH 13, 1989

2239

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 the meeting of certain conditions prior to a health spa's entering into an agree ment with a consumer; to provide exceptions; to provide for review of health spa member ship 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 desig nated 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 may 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 regula tions 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 writ ing 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 indebted ness 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 con strued to be services; provided, however, that any documents prepared which are merely ancillary to services which are actually rendered shall not prevent the health spa from charging for such services actually rendered up to the limits specified in this subsection. 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

2240

JOURNAL OF THE HOUSE,

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 recom mended 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, acknowledg ing your cancellation.
To be effective, your cancellation must be postmarked by midnight, or hand deliv ered 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 pro vide written notice by certified mail to the consumer that such documents must be pro vided 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; provided, however, that should the consumer continue to use the facilities or services during the 30 day period, the cancellation shall be effective on the first business day following the last day on which the consumer uses the facilities or services.
(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 previ ously 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 avail able 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 adminis trator 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

MONDAY, MARCH 13, 1989

2241

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.
(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 alter nate location are not substantially equal to or do not exceed the size, facilities, equip ment, 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.

2242

JOURNAL OF THE HOUSE,

(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 time. Nothing contained in this subsection shall be construed to prohibit a health spa from selling a membership for existing services and facilities at -a location under con struction 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 consider ation 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 condi tions 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 pre
scribed by the administrator, to deposit all funds obtained by selling memberships before a health spa is fully operational and available for use in a single account 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 single account established under this paragraph shall be identified by the name and address of the individual who purchased the member
ship. 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 pur chasers. 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

MONDAY, MARCH 13, 1989

2243

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;
(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 evi dence 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; provided, how ever, that all documents prepared which are merely ancillary to services which are actually rendered shall not prevent the health spa from charging for such services actually rendered up to the limits specified in this subparagraph.
(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 cancel lation. 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, except in the case of a deceased member. 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; provided, however, that should the consumer continue to use the facilities or services during the 30 day period, the cancellation shall be effective on the first business day following the last day on which the consumer uses the facility or services.
(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 delin quent 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 con tract 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 pro vided 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 oper ates or aids or assists in the operation of a health spa in violation of any of the provi
sions 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

2244

JOURNAL OF THE HOUSE,

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.

Representative Byrd of the 153rd moved that the House agree to the Senate substi tute to HB 341.
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 Y 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 Buford
YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B

Y Clark.H Y Clark.L
Colbert
Coleman Y Colwell Y Connell Y Couch
Co* 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 YGodbee 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
Hudson
Ylrwin 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 Y Lawson YLee Y Under
YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney,B

On the motion, the ayes were 154, 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 01iver,M
YOrr Y Orrock
Y Padgett Y Pannell YParham Y Parrish Y 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
YSmyre 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 YTwiggs
Y Vaughan Y Waddle
Walker.C Walker.L Y Wall Ware
Y Watson Y Watts
White Y Wilder
Williams.B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

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 Anno tated, 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 following Senate amendment was read:

Amend HB 364 by striking the period on page 1, line 19, at the end of the line and inserting in lieu thereof the following:

MONDAY, MARCH 13, 1989

2245

", provided that the technician who performs audiometric tests must be responsible to a licensed audiologist or physician".

Representative Byrd of the 153rd moved that the House agree to the Senate amend ment to HB 364.
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 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 Y Cheeks Y Childers Y 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
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 N 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 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
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
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 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
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
White Y Wilder Y Williams.B Y Williams.J Y Yates Y Yeargin
Murphy ,Spkr

On the motion, the ayes were 153, nays 1. The motion prevailed.

Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:
Your Committee on Industry has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 310 Do Pass
Respectfully submitted, /s/ Watson of the 114th
Chairman

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

2246

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 Anno tated, relating to bailable offenses, so as to change certain procedural requirements for hearings on offenses bailable only before a judge of the superior court.

The following Senate amendment was read:

Amend the House amendment to SB 255 by striking the first three lines from the amendment, which read as follows:
"Line 20 page 1 strike '20' and insert in lieu thereof '30.'" By striking from the amendment the following: "Line 20 page 2", and inserting in lieu thereof the following: "Line 21 page 2".

Representative Smith of the 78th moved that the House agree to the Senate amend ment to the House amendment to SB 255.
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 Y Balkcom
Y Bannister 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

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 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 Hanner 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 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
Lord Y Lucas Y Lupton Y Mangum
Martin Y McCoy Y McDonald Y McKelvey
Y McKinney.B

On the motion, the ayes were 156, nays 0. The motion prevailed.

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
Poag 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
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
Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Walker.L YWall Ware Y Watson Y Watts White Y Wilder Y Williams.B Y Williams,J YYates Y Yeargin Murphy ,Spkr

MONDAY, MARCH 13, 1989

2247

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

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 restric tions 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 Senate substitute was read:

A BILL
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain definitions relating to absentee electors and municipal absentee electors; to provide that certain electors or municipal electors who are 75 years of age or older or who are handicapped and require voting assistance shall be authorized to vote without having to wait in line; to provide for conditions and procedures; to revise substan tially 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; to provide for exceptions; 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 21-2-380, relating to the definition of an absentee elector, and inserting in its place a new Code Section 21-2-380 to read as follows:
"21-2-380. As used in this article, the term 'absentee elector' means an elector of this state who:
(1) Is is required to be absent from his precinct during the time of the primary or election he desires to vote in; ; er whe
(2) Will wiH perform any of the official acts or duties set forth in this chapter in connection with the primary or election he desires to vote in; -, er who,
(3) Because because of physical disability, will be unable to be present at the polls on the day of such primary or election; -, or who,
(4) Because because the election or primary falls upon a religious holiday observed by such elector, will be unable to be present at the polls on the day of such primary or election ; -, er whe
(5) Is is required to remain on duty in his or her place of employment for the pro tection of the health, life, or safety of the public during the entire time the polls are open when such place of employment is within the precinct in which the voter residesr ; or
(6) Is 75 years of age or older."
Section 2. Said title is further amended 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 fol lows:
"21-2-409.1. On election day between the hours of 9:30 A.M. and 4:30 P.M., each elector who is 75 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. Notice of the provisions of this Code section shall be prominently displayed in the voting place."

2248

JOURNAL OF THE HOUSE,

Section 3. Said title is further amended by striking Code Section 21-2-414, relating to restrictions upon campaign activities and public opinion polling within the vicinity of a polling place, and inserting in its place a new Code Section 21-2-414 to read as follows:
"21-2-414. (a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters on any primary or elec tion day: within 260 feet ef any polling place er ef the outer edge of any building within which steh polling place is established, whichever distance is greater.
(1) Within the boundary of the property upon which such polling place is located, within 50 feet of any polling place, or within 50 feet of the outer edge of any building within which such polling place is established, whichever distance is less;
(2) Within any polling place; or (3) Within 25 feet of any voter standing in line at such polling place. (b) No person shall solicit signatures for any petition on any primary or election day:
seh polling place is established, whichever distance is greater. (1) Within the boundary of the property upon which such polling place is located,
within 50 feet of any polling place, or within 50 feet of the outer edge of any building within which such polling place is established, whichever distance is less;
(2) Within any polling place; or (3) Within 25 feet of any voter standing in line at such polling place. (c) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters within a room in which absentee ballots are being cast on any day. (d) No person shall solicit signatures for any petition within a room in which absen tee ballots are being cast on any day. (e) This Code section shall not be construed to prohibit a poll officer from distrib uting materials, as required by law, which are necessary for the purpose of instructing electors or from distributing materials prepared by the Secretary of State which are designed solely for the purpose of encouraging voter participation in the election being conducted. (f) Any person who violates this Code section shall be guilty of a misdemeanor. (g) This Code section shall not apply to conduct occurring wholly within at or upon any privately owned residence, privately owned business, or privately owned building which is not being used as a polling place."
Section 4. Said title is further amended by striking Code Section 21-3-280, relating to the definition of an absentee municipal elector, and inserting in its place a new Code Section 21-3-280 to read as follows:
"21-3-280. As used in this article, The the term 'absentee elector;' as used in this article, means an elector of the municipality who:
(1) Is is required to be absent from said municipality during the time of the pri mary or election in which he desires to vote; -, er who
(2) Will wiH perform any of the official acts or duties set forth in this chapter in connection with the primary or election in which he desires to vote; -, er who,
(3) Because because of physical disability, will be unable to be present at the polls on the day of such primary or election; -, or who,
(4) Because because the election or primary falls upon a religious holiday observed by such elector, will be unable to be present at the polls on the day of such primary or election; ; et whe
(5) Is is required to remain on duty in his or her place of employment for the pro tection of the health, life, or safety of the public during the entire time the polls are open when such place of employment is within the precinct in which the voter residesT ; or
(6) Is 75 years of age or older."

MONDAY, MARCH 13, 1989

2249

Section 5. Said title is further amended by adding a new Code section immediately following Code Section 21-3-318, to be designated Code Section 21-3-318.1, to read as fol lows:
"21-3-318.1. On election day between the hours of 9:30 A.M. and 4:30 P.M., each elector who is 75 years of age or older or who is handicapped and requires assistance in voting as authorized by Code Section 21-3-318, 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. Notice of the provisions of this Code section shall be prominently displayed in the voting place."
Section 6. Said title is further amended by striking Code Section 21-3-321, relating to restrictions on campaign activities and public opinion polling within the vicinity of a municipal polling place, and inserting in its place a new Code Section 21-3-321 to read as follows:
"21-3-321. (a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters on any primary or election Q3y^ witnifi iOU icct ot 8ny polling piflcc OF ot tnc outr edge of flny building witriin
(1) Within the boundary of the property upon which such polling place is located, within 50 feet of any polling place, or within 50 feet of the outer edge of any building within which such polling place is established, whichever distance is less;
(2) Within any polling place; or (3) Within 25 feet of any voter standing in line at such polling place. (b) No person shall solicit signatures for any petition on any primary or election day: witnin DU tcct of ony polling place or or the outer edge OT any Duilo.mg within wnicri such polling place is established, whichever distance is greater. (1) Within the boundary of the property upon which such polling place is located, within 50 feet of any polling place, or within 50 feet of the outer edge of any building within which such polling place is established, whichever distance is less; (2) Within any polling place; or (3) Within 25 feet of any voter standing in line at such polling place. (c) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters within a room in which absentee ballots are being cast on any day. (d) No person shall solicit signatures for any petition within a room in which absen tee ballots are being cast on any day. (e) This Code section shall not be construed to prohibit a poll officer from distrib uting materials, as required by law, which are necessary for the purpose of instructing electors or from distributing materials prepared by the Secretary of State which are designed solely for the purpose of encouraging voter participation in the election being conducted. (f) This Code section shall not apply to conduct occurring wholly within at or upon any privately owned residence, privately owned business, or privately owned building which is not being used as a polling place."
Section 7. All laws and parts of laws in conflict with this Act are repealed.
Representative Holmes of the 28th moved that the House agree to the Senate substi tute to HB 403.
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
Y Balkcom Bannister

Y Barfoot
Y Bargeron Y Barnett,B

2250

JOURNAL OF THE HOUSE,

Y Barnett.M
YBeck 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
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 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
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 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

On the motion, the ayes were 158, nays 0. The motion prevailed.

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 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
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

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

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.

Representative Mangum of the 57th moved that the House insist on its position in amending SB 240.
The motion prevailed.

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

SB 277. By Senator Albert of the 23rd:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Anno tated, relating to local authorization and regulation of sales of alcoholic beverages, so as to provide that the governing authorities of certain counties and municipalities may authorize the sale of alcoholic beverages during cer tain hours in certain establishments on Sunday; to provide for an effective date.

The following Committee substitute was read and withdrawn:

MONDAY, MARCH 13, 1989

2251

A BILL
To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide that the governing authorities of certain counties and munici palities may authorize the sale of alcoholic beverages during certain hours in certain estab lishments on Sunday; to provide that in certain counties and municipalities the governing authority may call for an election with respect to authorization of the manufacture, sale, and distribution of distilled spirits; to provide similar authority with respect to the sales of distilled spirits by the drink; 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. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by amending Code Section 3-3-7, relating to local authorization and regulation of sales of alcoholic beverages, by striking in their entirety subsections (d), (e), and (j) and by redesignating subsections (f), (g), (h), (i), (k), (1), (m), and (n) as subsec tions (d), (e), (f), (g), (h), (i), (j), and (k), respectively.
Section 2. Said title is further amended by striking in its entirety subsection (o) of Code Section 3-3-7, relating to local authorization and regulation of sales of alcoholic beverages, and by inserting immediately following newly redesignated subsection (k) a new subsection (1) to read as follows:
"(1) In all counties having a population of 160,000 or more according to the United States decennial census of 1980 or any future such census in which the sale of alcoholic beverages is lawful and in all municipalities within such counties in which the sale of alcoholic beverages is lawful, the governing authority of the county or municipality, as appropriate, may authorize the sale of alcoholic beverages for consumption on the prem ises:
(1) At any time from 11:55 P.M. on Saturdays until 2:55 A.M. on Sundays; (2) In eating establishments which are located in the unincorporated area of the county, in the case of the county, or which are located in the corporate limits of the municipality, in the case of a municipality, on Sundays between the hours of 12:30 P.M. and 12:00 Midnight. As used in this paragraph, the term 'eating establish ment' means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least 50 percent of its total annual gross food and bever age sales from the sale of prepared meals or food; and (3) In inns which are located in the unincorporated area of the county, in the case of the county, or which are located in the corporate limits of the municipality, in the case of a municipality, on Sundays between the hours of 12:30 P.M. and 12:00 Mid night. As used in this paragraph, the term 'inn' means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least 50 percent of its total annual gross income from the rental of rooms for overnight lodg ing. The provisions of this subsection are in addition to or cumulative of and not in lieu of any other provisions of this title granting certain authority to a county or municipality relative to the sale of alcoholic beverages for consumption on the premises."
Section 3. Said title is further amended by adding at the end of Code Section 3-4-41, relating to elections on authorizing the manufacture, sale, and distribution of distilled spirits, a new subsection (e) to read as follows:
"(e) In any county having a population of 160,000 or more according to the United States decennial census of 1980 or any future such census and in any municipality wholly or partially within such a county, the governing authority of the county or municipality may call for an election as provided for in this Code section by action of the governing authority in lieu of the petition method. In such a case, the resolution or ordinance of the governing authority calling for an election shall be filed with the appro priate election superintendent in lieu of a petition; and upon such filing further proceed ings shall be as otherwise provided for in this article for proceedings after the filing of a valid petition."

2252

JOURNAL OF THE HOUSE,

Section 4. Said title is further amended by striking in its entirety subsection (a) of Code Section 3-4-91, relating to procedures for authorization of sales of distilled spirits by the drink, and inserting in its place a new subsection to read as follows:
"(a) In every county and municipality in which package sales of distilled spirits are lawful, sales of distilled spirits as provided in this article may be authorized after refer endum approval as provided in this Code section. Sales of distilled spirits as provided in this article may likewise be authorized after referendum approval in any county hav ing a population of 160,000 or more according to the United States decennial census of 1980 or any future such census and in any municipality wholly or partially within such a county."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Dixon of the 151st, was read and adopted:

A BILL
To amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages, so as to provide that the governing authorities of certain counties and municipalities may authorize the sale of alco holic beverages during certain hours in certain establishments on Sunday; 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 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages, is amended by striking in their entirety subsections (d), (e), and (j) and by redesignating subsections (f), (g), (h), (i), (k), (1), (m), and (n) as subsections (d), (e), (f), (g), (h), (i), (j), and (k), respectively.
Section 2. Said Code section is further amended by striking in its entirety subsection (o) and by inserting immediately following newly redesignated subsection (k) a new sub section (1) to read as follows:
"(1) In all counties having a population of 160,000 or more according to the United States decennial census of 1980 or any future such census in which the sale of alcoholic beverages is lawful and in all municipalities within such counties in which the sale of alcoholic beverages is lawful, the governing authority of the county or municipality, as appropriate, may authorize the sale of alcoholic beverages for consumption on the prem ises:
(1) At any time from 11:55 P.M. on Saturdays until 2:55 A.M. on Sundays; (2) In eating establishments which are located in the unincorporated area of the county, in the case of the county, or which are located in the corporate limits of the municipality, in the case of a municipality, on Sundays between the hours of 12:30 P.M. and 12:00 Midnight. As used in this paragraph, the term 'eating establish ment' means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least 50 percent of its total annual gross food and bever age sales from the sale of prepared meals or food; and (3) In inns which are located in the unincorporated area of the county, in the case of the county, or which are located in the corporate limits of the municipality, in the case of a municipality, on Sundays between the hours of 12:30 P.M. and 12:00 Mid night. As used in this paragraph, the term 'inn' means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least 50 percent of its total annual gross income from the rental of rooms for overnight lodg ing.

MONDAY, MARCH 13, 1989

2253

The provisions of this subsection are in addition to or cumulative of and not in lieu of any other provisions of this title granting certain authority to a county or municipality relative to the sale of alcoholic beverages for consumption on the premises."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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

N Clark.H N Clark,L
Colbert Coleman N Colwell Y Connell N Couch Coi
N Crawford Y Crosby
Cummings,B Y Cummings.M
N Davi8,C Y Davis,G N Davis.M Y Dixon.H N Diion.S N Dobbs N Dover YDunn
Y Edwards N Ehrhart Y Felton Y Fennel
Y Floyd Y Foster NGodbee NGoodwin N Green N Greene
Gresham Y Griffin Y Groover Y Hamilton N Hanner Y Harris

N Hasty
N Heard N Herbert N Holcomb N Holland Y Holmes
Y Hooks N Howren
Hudson N Irwin Y Isakson Y Jackson,J
N Jackson, W Y Jamieson N Jenkina Y Johnson
N Jones N Kilgore Y Kingston N Lane.D Y Lane.R N Langford Y Lawrence Y Lawson
NLee Y Under
Long NLord Y Lucas Y Lupton
Mangum Y Martin Y McCoy
McDonald N McKelvey Y McKinney,B

Y McKinney.C Y Meadows NMilam N Mobley N Moody N Moore N Morton
Moultrie N Mueller
N Oliver.C Y 01iver,M
YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten
N Pettit Y Pinkston
YPoag Y Porter Y Poston Y Powell
N Rainey Y Randall N Ransom YRay N Reaves Y Redding
Richardson N Ricketson Y Robinson N Royal Y Selman Y Simpson

Y Sinkfield
N Smith.L Y Smith.P N Smith.T Y Smith,W
Y Smyre YSnow Y Stancil.F N Stancil,S
Stanley Y Steele Y Stephens
Y Teper Y Thomas.C Y Thomas.M
Thompson Y Thurmond N Titus
Y Tolbert Y Townsend NTwiggs N Vaughan N Waddle Y Walker.C
Walker,L
NWall Y Ware Y Watson N Watts Y White
Y Wilder N Williams,B Y Williams,J N Yates N Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 91, nays 71.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Snow of the 1st stated that he inadvertently voted "aye" on the pre ceding roll call. He wished to be recorded as voting "nay" thereon.

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

Mr. Speaker:

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

2254

JOURNAL OF THE HOUSE,

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 Anno tated, relating to controlled substances, so as to change the listings of con trolled substances and dangerous drugs and provide for exceptions and exemptions.
The Senate has appointed a second Committee of Conference on the following Bill of the Senate:
SB 257. By Senator Garner of the 30th:
A bill to amend Code Section 42-10-4 of the Official Code of Georgia Anno tated, relating to the powers of the Georgia Correctional Industries Adminis tration, so as to change such powers with regard to capital projects; to clarify and restate its powers with regard to earnings, vocational training, and other wise; to ratify and approve existing facilities and a warehouse under con struction.
Conference Committee #2: Senators Garner of the 30th, Kennedy of the 4th and Kidd of the 25th.
The Senate has agreed to the House substitute by Senate substitute to the following Bill of the Senate:
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, consump tion, possession, sale, transfer, delivery, dispensing, handling, trafficking, manufacturing, and growing of dangerous drugs or controlled substances.
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 345. By Senator Foster of the 50th:
A bill to amend Code Section 20-2-51 of the Official Code of Georgia Anno tated, relating to selection and eligibility of members of county boards of education, so as to provide conditions of eligibility to serve as a member of any local 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 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
Brooks Brown Y Buck
Y Buford

Y Byrd
Y Carrell Carter
Y Chambless Y Chance
Cheeks
Y Childers

MONDAY, MARCH 13, 1989

2255

Y Clark.B Y Clark.H Y Clark.L
Colbert Coleman Colwell Y Connell Y Couch
Cox
Y Crawford Y Crosby N 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 Hanner 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 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 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
Patten Y Pettit
Pinkston YPoag Y Porter Y Poston Y Powell
Y Rainey Randall
Y Ransom
YRay Y Reaves
Y Redding Y Richardson
Ricketson Y Robinson Y Royal Y Selman
Simpson Y Sinkfield Y Smith.L
Y Smith.P Smith.T
Y Smith.W Y Srnyre YSnow

Y Stancil,F Y Stancil.S Y 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 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, the ayes were 153, nays 1. The Bill, having received the requisite constitutional majority, was passed.

SB 320. By Senator Barnes of the 33rd:
A bill to amend Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services personnel, so as to provide for definitions; to provide for a program to ensure appropriate physi cian direction over the rendering of emergency medical services by certain emergency medical services personnel; to provide for duties and responsibili ties of the ambulance service medical director.

The following substitute, offered by Representative Meadows of the 91st, was read:

A BILL
To amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to define the term "paramedic clinical preceptor"; 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; to pro vide that while in training preparatory to becoming certified, paramedic trainees may per form any of the functions specified in Code Section 31-11-54 under the direct supervision of an approved paramedic clinical preceptor; to provide for definitions; to provide for a program to ensure appropriate physician direction over the rendering of emergency medi cal services by certain emergency medical services personnel; to provide for duties and responsibilities of the ambulance service medical director; to provide for protocols, require ments, standards, and sanctions relating to the service provided; to provide for the duties and responsibilities of base station facilities; to provide for related matters; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is amended by adding between paragraphs (16) and (17) of Code Section 31-11-2, relating to definitions, a new paragraph (16.1) to read as follows:

2256

JOURNAL OF THE HOUSE,

"(16.1) 'Paramedic clinical preceptor' means a Georgia certified paramedic with a minimum of two years of emergency medical services experience who meets the standard requirements for paramedic preceptor training as established by the department."
Section 2. Said chapter is further amended by adding at the end of Code Section 31-11-5, relating to rules and regulations of the Department of Human Resources relating to emergency medical services, a new subsection (c) to read as follows:
"(c) Notwithstanding any rule or regulation adopted or promulgated by the depart ment to the contrary, in any county of this state having a population under 35,000 according to the United States decennial census of 1980 or any future such census, each ambulance while transporting a patient may be manned by either one or more Georgia emergency medical technicians; and, if the ambulance is manned by only one Georgia emergency medical technician, such medical technician shall be in the patient compart ment."
Section 3. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 31-11-54, relating to services which may be rendered by paramedics and paramedic trainees, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) While in training preparatory to becoming certified, paramedic trainees may perform any of the functions specified in this Code section under the direct supervision of a duly licensed physician, er a registered nurse, or an approved paramedic clinical preceptor."
Section 4. Said chapter is further amended by adding following Code Section 31-11-60 a new Code Section 31-11-60.1 to read as follows:
"31-11-60.1. (a) As used in this Code section, the term: (1) 'Ambulance service medical director' means a physician licensed to practice in
this state and subject to the approval of the local coordinating entity and the depart ment who has agreed, in writing, to provide medical direction to a specific ambulance service.
(2) 'Base station facility' means any facility responsible for providing direct physi cian control of emergency medical services.
(3) 'District emergency medical services medical director' means a person who is: (A) A physician licensed to practice medicine in this state; (B) Familiar with the design and operation of prehospital emergency services
systems; (C) Experienced in the prehospital emergency care of acutely ill or injured
patients; and (D) Experienced in the administrative processes affecting regional and state
prehospital emergency medical services systems. (4) 'Emergency medical services personnel' means any emergency medical techni cian, paramedic, cardiac technician, or designated first responder who is certified under this article. (b) The department and the district emergency medical services medical directors shall develop and implement a program to ensure appropriate physician control over the rendering of emergency medical services by emergency medical services personnel to patients who are not in a hospital, which program shall include but not be limited to the following: (1) Medical protocols regarding permissible and appropriate emergency medical services which may be rendered by emergency medical services personnel to a patient not in a hospital; (2) Communication protocols regarding which medical situations require direct voice communication between emergency medical services personnel and a physician or a nurse or a paramedic or a physician's assistant in direct communication with a physician prior to those emergency medical services personnel's rendering specified emergency medical services to a patient not in a hospital; (3) Record-keeping and accountability requirements for emergency medical
services personnel and base station facility personnel in order to monitor compliance with this subsection; and

MONDAY, MARCH 13, 1989

2257

(4) Base station facility standards. (c) The ambulance service medical director shall serve as the medical authority for the ambulance service, performing liaison activities with the medical community, medi cal facilities, and governmental agencies. The ambulance service medical director shall be responsible for the provision of medical direction and training for the emergency medical services personnel within the ambulance service for which he is responsible in conformance with acceptable emergency medical practices and procedures. These responsibilities shall include the duties set forth in the department's rules and regula tions for ambulance services. (d) The district emergency medical services medical director shall not override those policies or protocols of the ambulance service medical director if that ambulance service medical director is documenting compliance with the department's rules and regulations for ambulance services. (e) Every base station facility shall comply with the policies, protocols, requirements, and standards provided for in subsection (b) of this Code section. (f) All emergency medical services personnel shall comply with appropriate policies, protocols, requirements, and standards of the ambulance service medical director for that service or the policies, protocols, requirements, and standards provided for in sub section (b) of this Code section. (g) Conduct which would otherwise constitute a violation of subsection (f) of this Code section shall not be such a violation if such conduct was carried out by any emer gency medical services personnel pursuant to an order from a physician, the ambulance service medical director for such person, or the protocol of that ambulance service as approved by the ambulance service medical director for such person. (h) Violation by any base station facility of subsection (e) of this Code section may be grounds for the removal of that base station facility's designation by the department. (i) Enforcement of subsections (g) and (h) of this Code section shall commence no earlier than 12 months after July 1, 1989."
Section 5. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the Floor substitute, the roll call was ordered and the vote was as follows:

N Aaron N Abernathy Y Adams N Aiken
Alford N Alien N Athon
Y Atkins Y Bailey N Baker
Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M NBeck Y Benefield NBenn Y Birdsong
N Bishop N Bostick Y Branch
Breedlove N Brooks
Brown Buck Y Buford YByrd
N Carrell N Carter Y Chambless

N Chance N Cheeks N Childers N Clark,B Y Clark.H
Y Clark.L Colbert Coleman Colwell
N Connell N Couch
Co Y Crawford
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
Y Dunn Y Edwards Y Ehrhart N Felton N Fennel N Floyd
Y Foster N Godbee Y Goodwin

N Green
Y Greene Gresham
Y Griffin Y Groover N Hamilton
N Manner Y Harris N Hasty Y Heard N Herbert N Holcomb N Holland
N Holmes N Hooks N Howren Y Hudson
N Irwin N Isakson
Jackson,J Y Jackson.W N Jamieson Y Jenkins
N Johnson Y Jones Y Kilgore Y Kingston N Lane,D N Lane,R Y Langford N Lawrence Y Lawson

YLee Y Linder YLong NLord
Y Lucas N Lupton
Mangum N Martin Y McCoy
McDonald N McKelvey Y McKinney.B
N McKinney.C Y Meadows NMilam N Mobley Y Moody Y Moore Y Morton N Moultrie N Mueller Y Oliver.C N Oliver,M NOrr N Orrock N Padgett N Pannell Y Parham Y Parrish
Y Patten N Pettit
Pinkston

NPoag N Porter N Poston Y Powell Y Rainey
NRandall Y Ransom YRay Y Reaves N Redding N Richardson Y Ricketson N Robinson Y Royal Y Selman Y Simpson N Sinkfield
N Smith,L N Smith,P N Smith.T
Smith,W
NSmyre YSnow
Y Stancil,F N Stancil.S N Stanley
Steele Stephens N Teper
Y Thomas,C Thomas,M
Y Thompson

2258

JOURNAL OF THE HOUSE,

N Thurmond
N Titus N Tolbert N Townsend

Twiggs Y Vaughan Y Waddle N Walker.C

Walker.L
Y Wall Y Ware N Watson

N Watts White
Y Wilder N Williams.B

N Williams,J Y Yates N Yeargin
Murphy.Spkr

On the adoption of the Floor substitute, the ayes were 70, nays 86. The Floor substitute was lost.

Representative Meadows of the 91st moved that the House reconsider its action in failing to adopt the Floor substitute to SB 320.
On the motion, the roll call was ordered and the vote was as follows:

N Aaron N Abernathy Y Adams
Y Aiken Alford
N Alien N Athon Y Atkins Y Bailey
N Baker Y Balkcom Y Bannister
N Barfoot Y Bargeron Y Barnett.B
Y Barnett.M NBeck Y Benefield NBenn Y Birdsong N Bishop
N Bostick Y Branch
Breedlove N Brooks Y Brown
Buck N Buford YByrd
Carrell N Carter Y Chambless N Chance
Y Cheeks N Childers N Clark.B

Y Clark.H Y Clark.L
Colbert Coleman N Colwell N Connell N Couch Cox Y Crawford Crosby Y Cummings.B N Cummings,M N Davis.C N Davis.G Y Davis.M Y Dixon.H N Dixon.S N Dobbs N Dover Y Dunn Y Edwards Y Ehrhart N Felton N Fennel N Floyd Y Foster N Godbee Y Goodwin N Green Y Greene Gresham Y Griffin Y Groover N Hamilton Y Manner Y Harris

N Hasty Y Heard N Herbert N Holcomb N Holland N Holmes N Hooks N Howren N Hudson N Irwin N Isakson Y Jackson,J Y Jackson.W N Jamieson Y Jenkins
Johnson
Y Jones Y Kilgore N Kingston
N Lane.D N Lane.R Y Langford N Lawrence Y Lawson YLee Y Linder YLong NLord Y Lucas N Lupton
Mangum N Martin
Y McCoy McDonald
N McKelvey Y McKinney.B

Y McKinney.C Y Meadows N Milam N Mobley Y Moody Y Moore Y Morton Y Moultrie N Mueller
Y Oliver.C N Oliver.M NOrr N Orrock Y Padgett N Pannell Y Parham Y Parrish Y Patten N Pettit
Pinkston YPoag
N Porter N Poston Y Powell Y Rainey N Randall Y Ransom
YRay Y Reaves N Redding N Richardson Y Ricketson N Robinson
Y Royal Y Selman Y Simpson

N Sinkfield Y Smith.L N Smith.P N Smith.T N Smith.W
N Smyre NSnow Y Stancil.F
N Stancil.S N Stanley Y Steele
Stephens N Teper Y Thomas.C N Thomas.M Y Thompson N Thurmond N Titus N Tolbert N Townsend
Twiggs
Y Vaughan Y Waddle N Walker.C
Walker,L Y Wall
Y Ware N Watson N Watts N White Y Wilder N Williams,B N Williams,J
Y Yates N Yeargin
Murphy.Spkr

On the motion, the ayes were 78, nays 85. 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 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 Buck Y Buford NByrd Y Carrell

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

MONDAY, MARCH 13, 1989

2259

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 Goodwill Y Green N Greene
Gresham Y Griffin
Y Groover Y Hamilton Y Hanner
Y Harris N Hasty Y Heard Y 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
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 N Oliver.C 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 Y Rainey Y Randall Y 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.P Y Smith.T Y Smith.W
Y Smyre Y Snow Y Stancil.F N 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
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

On the passage of the Bill, the ayes were 155, nays 10. The Bill, having received the requisite constitutional majority, was passed.

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

Mr. Speaker:
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

SB 260. By Senator Bowen of the 13th:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Anno tated, 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.

The President has appointed on the part of the Senate the following: Senators Timmons of the llth, Taylor of the 12th and Bowen of the 13th.

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

SB 313. By Senator Barnes of the 33rd:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a statement of legislative findings; to provide for definitions; to provide for a program of voluntary vaccinations for firemen and emergency medical technicians; to provide for the costs of such vaccinations; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agre>epdH tton.

2260

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 136, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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

HB 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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 96

The Committee of Conference on HB 96 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 96 be adopted.
Respectfully submitted,

FOR THE SENATE: /s/ Gene Walker
Senator, 43rd District
/s/ Roy E. Barnes Senator, 33rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Bl11 Barnett Representative, 10th District
/s/ DuBose Porter Representative, 119th District

/s/ Earl Echols, Jr. Senator, 6th District

/s/ Larry Smith Representative, 78th District

A BILL
To amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Anno tated, relating to general provisions regarding juries, so as to change the provisions relating to compensation of court bailiffs and expense allowances for jurors; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Anno tated, relating to general provisions regarding juries, is amended by striking Code Section 15-12-7, relating to compensation of court bailiffs and expense allowances for jurors, and inserting in its place a new Code Section 15-12-7 to read as follows:
"15-12-7. (a) The first grand jury impaneled at the fall term of the superior courts of the several counties shall fix:
(1) The compensation of court bailiffs in the superior courts of such counties for the next succeeding year, such compensation not to be less than $5.00 nor to exceed $60.00 $60.00 per diem. The same compensation shall be allowed to bailiffs of the several state courts and special courts as is allowed bailiffs in the superior court of the county in which the state or special court is located; and
(2) An expense allowance for jurors in the superior courts of such counties for the next succeeding year, such expense allowance not to be less than $5.00 nor to exceed $26.00 $35.00 per diem. The same expense allowance shall be allowed to jurors of the

MONDAY, MARCH 13, 1989

2261

several state courts and special courts as is allowed jurors in the superior court of the county in which the state or special court is located. The expense allowance of tales jurors shall be the same as that of a regularly drawn trial juror. The expense allow ance so authorized by the grand jury shall be authorized also for grand jurors. (b) Subsequent to January 1^ 1991, any increase in the compensation of court bailiffs or increases in expense allowances for jurors fixed by a grand jury shall be subject to the approval of the governing authority of the county. (c) Prior to January 1^ 1991, no grand jury shall increase the compensation of court bailiffs nor increase an expense allowance for jurors until such time as the chief execu tive of the governing authority of the county or his designee shall appear before the grand jury for the ]purpose of describing the fiscal impact of a proposed increase on such county."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Barnett of the 10th moved that the House adopt the report of the Committee of Conference on HB 96.
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 N Barnett,M
Beck 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 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 Y Diion,S YDobbs Y Dover
Y Dunn Y Edwards Y Ehrhart Y 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
Holmes Y Hooks Y Howren Y Hudson Ylrwin
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 Y McKinney,B

On the motion, the ayes were 152, nays 1. The motion prevailed.

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 YParham Y Parrish Y Patten
Pettit Pinkston YPoag Y Porter Y Postal Y Powell
Y Rainey YRandall 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
Y Smith.W YSmyre
YSnow Y Stancil.F Y Stancil,S
Y Stanley Y Steele
Stephens YTeper
Thomas.C Y Thomas,M Y Thompson
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 Y Wilder Y Williams,B Y Williams,J Y Yates
Y Yeargin Murpby,Spkr

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 260. By Senator Bowen of the 13th:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Anno tated, 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.

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JOURNAL OF THE HOUSE,

Representative Colwell of the 4th moved that the House adhere to its position in sub stituting SB 260 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, Twiggs of the 4th and Mobley of the 64th.

The following Bills of the House were taken up for the purpose of considering the reports of the Committees of Conference 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 Anno tated, relating to the establishment and maintenance of limited-access roads, so as to provide that the consent of a municipality is not necessary for cer tain limited-access roads which are constructed in whole or as a part of a tollway project.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 757

The Committee of Conference on HB 757 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 757 be adopted.

Respectfully submitted,

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

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Thomas M. Kilgore Representative, 42nd District
/s/ Kenneth W. Birdsong Representative, 104th District

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

/s/ DuBose Porter Representative, 119th District

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 or a rapid busway public trans portation 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 sub section (a) and inserting in lieu thereof a new subsection (a) to read as follows:

MONDAY, MARCH 13, 1989

2263

"(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 con sider 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 authorization for limited-access public roads shall be subject to such municipal consent as may be provided by Iaw2 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 line as a part of a public transportation system or a rapid busway operating on a designated lane as a part of a public transportation system and such public 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.

Representative Porter of the 119th moved that the House adopt the report of the Committee of Conference on HB 757.
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
Baker Y Balkcom Y 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

Clark.H Clark.L 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 N Felton Y Fennel Y Floyd
Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin
Y Groover N Hamilton
Manner 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 Y Lucas N Lupton Y Mangum N Martin
Y McCoy McDonald
Y McKelvey Y McKinney.B

On the motion, the ayes were 141, nays 8. The motion prevailed.

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 N 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
N Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson

Y Sinkfield
Y Smith.L Y Smith.P
Smith.T Smith.W YSmyre YSnow Y Stancil.F Y Stancil.S Stanley Y Steele Stephens N Teper Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus
Tolbert Y Townsend Y Twiggs N 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

2264

JOURNAL OF THE HOUSE,

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

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 Anno tated, relating to the certification, classification, and regulation of profes sional personnel employed in the public schools of this state, so as to provide an exemption from the requirement of an assessment to demonstrate satis factory on-the-job performance for certain teachers.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 375

The Committee of Conference on HB 375 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 375 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Sallie Newbill
Senator, 56th District
/s/ J. Nathan Deal Senator, 49th Distnct

FOR THE HOUSE OF REPRESENTATIVES:
/s/ William C. Mangum, Jr. Representative, 57th District
/g/ James c Moore Representative, 139th District

1st Walter S. Ray Senator, 19th District

/s/ Willou Smith Representative, 156th District

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 pro vide 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. 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 held a pro fessional teaching certificate in and who has satisfactorily taught on a full-time basis in the regionally accredited public or private schools of this state or another state 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. Any teacher who

MONDAY, MARCH 13, 1989

2265

qualifies for the exemption granted under this paragraph shall receive a nonrenewable certificate valid for a maximum of three years until such time as said teacher has twice demonstrated satisfactory performance on the evaluation required pursuant to Code Section 20-2-210, at which time said teacher will be eligible to receive a renewable certif icate. This exemption shall in no way affect other certification requirements of this arti cle or the annual performance evaluation required pursuant to Code Section 20-2-210."
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 Smith of the 156th moved that the House adopt the report of the Committee of Conference on HB 375.
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
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
YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B

Y Clark.H Y Clark.L
Colbert Coleman
Y Colwell Y Connell
Y Couch Cox
Y Cravrford
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
YGodbee 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 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
McDonald
Y McKelvey Y 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 YParham
Y Parrish Y Patten
Pettit Y Pinkston YPoag Y Porter
Y Postal Y Powell Y Rainey YRandall 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
Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus
Tolbert Y Townsend Y Twiggs Y Vaughan
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 motion, the ayes were 163, nays 0. The motion prevailed.

Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the follow ing recommendations:

2266
SB 318 Do Pass SB 319 Do Pass

JOURNAL OF THE HOUSE,
Respectfully submitted, HI Childers of the 15th
Chairman

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

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

HB 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 Anno tated, 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.

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

HB 503. By Representative Childers of the 15th:
A bill to amend Chapter 35 of Title 43 of the Official Code of Georgia Anno tated, 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 Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:

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 oper ated 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 Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate:

MONDAY, MARCH 13, 1989

2267

SR 265. By Senators Kennedy of the 4th and Allgood of the 22nd: A resolution relative to adjournment.

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

SB 340. By Senators 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, consump tion, possession, sale, transfer, delivery, dispensing, handling, trafficking, manufacturing, and growing of dangerous drugs or controlled substances.

The following Senate substitute was read:

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, as defined by the laws of Georgia; to confer upon it certain powers, duties, and jurisdiction; to state its purpose and authorizations; to authorize such commission to contract and to acquire, purchase, lease, receive, hold, possess, use, and enjoy real and personal property of every kind and character and to have and use a seal and alter the same at its pleasure and to enter into agreements with any municipality, county, political subdivision, body politic, the State of Georgia, or the United States of America and all of their respective agencies, entities, or instrumentalities, in the exercise of its duties, powers, and functions; to provide for the membership and the appointment of members of the commission; to provide that no debt or obligation of the City of Marietta or the County of Cobb shall be incurred in the exercise of any of the powers granted by this Act; to provide the term or period of time that such commission shall exist and to provide for the termination or dissolution of such commission; to provide for severability; to repeal conflicting laws; and for other purposes.
WHEREAS, it is desirable and in the public interest that actions be initiated and implemented to control or deter, with the ultimate objective of eliminating, the unlawful use and possession of dangerous drugs and controlled substances in the City of Marietta and in Cobb County; that educational programs to inform and warn the public of the harmful effects and dangers of such drugs and substances be implemented with due delib erate speed; that appropriate actions be taken to investigate the widespread use and pos session of such drugs and substances; that full support of strict enforcement of the pertinent criminal laws be given and that offenders receive just and adequate punishment or be removed from society; that such inquiries and investigations be made and such affirmative actions be taken and done to promote and effect the purpose and intent of this Act.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Short title. This Act may be cited as the "Marietta-Cobb County AntiDrug Commission Act."
Section 2. Anti-Drug Commission. There is created a body corporate and politic, to be known as the "Marietta-Cobb County Anti-Drug Commission," which shall be deemed

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JOURNAL OF THE HOUSE,

to be a public corporation and by such name, style, and title, may contract and be con tracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity; provided, however, that the commission shall have and enjoy any and all immunities as are now or hereafter granted to it or authorized by the Constitution and laws of this state.

Section 3. Term of existence or duration. The commission shall have existence for and during a term of five years, beginning on July 1, 1989, and terminating on June 30, 1994, at which time such commission shall be dissolved and shall thereafter be nonexis tent.

Section 4. Composition, (a) The commission shall be composed of 30 members, to fill the 30 respective posts, as follows:

Post

Members

1. The mayor of the City of Marietta; 2. The chairman of the board of commissioners of Cobb County; 3. The mayor of the City of Austell; 4. The mayor of the City of Smyrna; 5. The mayor of the City of Acworth; 6. The mayor of the City of Kennesaw; 7. The mayor of the City of Powder Springs; 8. The chairman of the South Cobb Development Authority; 9. The sheriff of Cobb County; 10. The chief of police of the City of Marietta; 11. The Public Safety Director of Cobb County; 12. The superintendent of the Cobb County School System; 13. The superintendent of the Marietta City School System; 14. The chairman of the Board of Health of Cobb County; 15. The district attorney of the Cobb Judicial Circuit or any successor judicial circuit
that embraces or includes the Superior Court of Cobb County; 16. The president of the Cobb County Medical Association; 17. The president of the Cobb County Pharmacy Association; 18. The president of the Cobb County Chamber of Commerce; 19-20. One member shall be appointed to each of these two posts by the governing author
ity of the City of Marietta for such term of office as such commission may desire during the five-year period of existence of such commission; 21-22. One member shall be appointed to each of these two posts by the governing author ity of the County of Cobb for such term of office as such commission may desire during the five-year period of such commission; 23-26. Two members who shall represent the western portion of Cobb County shall be appointed to two of these four posts and two members who shall represent the eastern portion of Cobb County shall be appointed to two of these four posts by a majority vote of the members of the House of Representatives whose dis tricts lie wholly or partially within Cobb County; 27. One member who shall be appointed by the Senator representing state Senate Dis trict 32; 28. One member who shall be appointed by the Senator representing state Senate Dis trict 33; 29. One member who shall be appointed by the Senator representing state Senate Dis trict 37; and 30. One member who shall be appointed by the Senator representing state Senate Dis trict 56. (b) Each of the officers in Posts 1 through 18 shall serve as a member of such commission only during his or her respective term of office and each shall be succeeded as a member of such commission by his or her respective successor in office during the five-year term of existence of said commission, with the right and privilege of any such

MONDAY, MARCH 13, 1989

2269

officer, should he or she deem it inappropriate for any reason or cause to serve on such commission, to designate a member to serve in his or her place on said commission.
Section 5. Vacancies, (a) Any vacancy in the above-designated Post 19 or 20 occur ring by the death, resignation, or otherwise of such member shall be filled for the unex pired term of the member whose seat has been vacated by a person appointed by the governing authority of the City of Marietta.
(b) Any vacancy in the above-designated Post 21 or 22 occurring by the death, resig nation, or otherwise of such member shall be filled for the unexpired term of the member whose seat has been vacated by a person appointed by the governing authority of the County of Cobb.
(c) Any vacancy in the above-designated Post 23, 24, 25, or 26 occurring by the death, resignation, or otherwise of such member shall be filled for the unexpired term of the member whose seat has been vacated by a person appointed by a majority vote of the members of the House of Representatives whose districts lie wholly or partially within Cobb County.
(d) Any vacancy in the above-designated Post 27, 28, 29, or 30 occurring by the death, resignation, or otherwise of such member shall be filled for the unexpired term of office by a person appointed by the state Senator who appointed the member whose seat has been vacated.
(e) If any of the above-designated offices of members of Posts 1 through 18 should become vacant or be discontinued or become nonexistent for any cause or reason whatever, the Grand Jury of the Superior Court of Cobb County shall appoint a person to fill such vacancy.
Section 6. Officers. Annually, the commission shall elect one of its members to serve as chairman of the commission and another of its members to serve as vice chairman of the commission. The board may also elect a clerk or secretary of such commission, who need not be a member of the commission and who shall serve at the will of the commis sion. The commission may designate, appoint, or employ such other officers, agents, and employees as the commission may deem proper. The chairman shall preside at all meetings of the commission and shall serve as its chief executive officer. For and during the absence, disqualification, or disability of the chairman, the vice chairman shall serve as chairman. If the chairman's seat is vacated, the vice chairman shall assume the duties of the chairman until such time as the chairman's vacancy is filled by the election of another by the commission. If the vice chairman's seat is vacated, the commission shall elect another of its members to fill such vacancy for the unexpired term of office.
Section 7. Meetings. The commission shall hold at least one regular meeting quarterannually at such time and place as the commission may from time to time designate. The time, date, and place of any such regular meeting may be changed as the members of the commission may deem meet and proper. The commission may hold such other regular, special, or additional meetings as it may deem necessary or proper. No notice shall be required to be given for any regular meeting, being any meeting designated to be held regularly by resolution of the members of the commission, such as quarter-annual, bimonthly, monthly, semimonthly, or weekly meetings or other such meetings held at regular periodic intervals. The commission is authorized to provide for the holding of spe cial meetings, to provide for the time, place, and manner of holding and calling special meetings, and to provide for giving notice and waiver of notice of the time, place, and pur pose of such meetings, all as the members of said commission, in their sole discretion, shall deem proper. A majority of the members then serving on the commission shall constitute a quorum for the transaction of business. In the absence of a quorum, a majority of the members of the commission present at any meeting may adjourn the meeting from time to time until a quorum can be obtained. Notice of any adjourned meeting need only be given by announcement at the meeting at which the adjournment is taken. All resolutions adopted and all business transacted by the commission shall require the affirmative vote of a majority of the members present at the meeting. From time to time, the members of the commission may fix an agenda for any meeting or meetings and may adopt such

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JOURNAL OF THE HOUSE,

rules of order which they shall deem appropriate which shall govern the conduct and procedure of their meetings.
Section 8. Operating budgets. It is anticipated that the primary source of capital to defray the costs and expenses of the commission will be borne jointly by the City of Marietta and the County of Cobb with each such entity contributing an equal amount to the commission for such purpose on or before the first day of July of each of the five years of the existence of the commission and beginning on July 1, 1989. The commission shall make a written request to the City of Marietta and the County of Cobb for operating funds pursuant to an operating budget made by the commission. The first such request for funds shall be submitted to the respective governing authorities of the City of Marietta and the County of Cobb on or before April 15, 1989, and each of the four succeeding annual requests shall be submitted on or before April 1 of each of the next four years. The amount of each such contribution shall be entirely discretionary with the City of Marietta and the County of Cobb. In addition to any such annual contribution, both the City of Marietta and the County of Cobb are authorized to make such additional contribu tions to the commission as each such entity may deem appropriate, solely within the sound discretion of such entity making the contribution.
Section 9. Compensation. From funds granted to or acquired by the commission, the members of the commission shall fix and determine the amount of, and the time and man ner of paying, compensation to its members, officers, agents, and employees, all within their sound discretion.
Section 10. Purpose and authorizations. Said commission is created for the purpose of taking all such actions and doing all such things, as it shall deem meet and proper, to deter and control, with the intent to ultimately eliminate, the unlawful use, consumption, possession, sale, transfer, delivery, dispensing, handling, trafficking, manufacturing, and growing of dangerous drugs or controlled substances, as defined by the laws of Georgia and said commission is authorized:
(1) To work and cooperate with, and to seek the cooperation of, the City of Marietta and all other municipalities of the State of Georgia; the County of Cobb and all other counties or political subdivisions of the State of Georgia; the State of Georgia, including each of its departments, agencies, entities, or instrumentalities; and the United States of America, including each of its departments, agencies, entities, or instrumentalities, in the furtherance of the purpose of the commission;
(2) To prepare, publish, and disseminate information in support of its purpose; (3) To serve as the community clearing-house for information and research relative to dangerous drugs and controlled substances; (4) To expend, use, and disburse its funds and properties, pursuant to its powers and authorizations provided in this Act, to accomplish the above-stated purpose of the existence of such commission; (5) To provide programs such as drug prevention programs, drug treatment pro grams, and such other programs that it may deem meet and proper in the fulfillment of its purpose and objectives; and (6) To do any and all other things necessary and proper to enable it to perform wholly and adequately its duties and to exercise the authorizations granted to it.
Section 11. Additional powers. The commission shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, or otherwise and to hold, lease, and dispose
of real and personal property of every kind and character for its corporate purposes; (3) To enter into agreements with the City of Marietta, with the County of Cobb,
or with any other political subdivision or municipal corporation of the state in the exercise of its charge;
(4) To receive and accept gifts and grants of money and property from the private or public sectors of our society and to expend, use, or disburse all such money and property granted only in the course of business of the commission or for other public purposes;

MONDAY, MARCH 13, 1989

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(5) To make contracts, leases, and conveyances and to execute all instruments necessary or convenient for the purpose of exercising its powers and performing its duties and functions as provided for in this Act;
(6) To make loans with, and accept grants of loans of money or property of any kind from, the United States of America, or any agency or instrumentality thereof; the State of Georgia, or any agency or instrumentality thereof; the City of Marietta, the County of Cobb, or any other municipality or political subdivision of the State of Georgia; upon such terms and conditions as such governmental entity, agency, munici pality, county, or political subdivision may require or impose;
(7) To borrow money for any of its corporate purposes and to provide for the pay ment of the same and for the rights of the holders of such promissory notes evidenc ing such indebtedness;
(8) To exercise any power granted by the laws of the State of Georgia to private corporations which is not in conflict with the purposes of the commission; and
(9) To do all things necessary or convenient to execute and carry out the powers expressly given and provided in this Act.
Section 12. Tax-exempt status of the commission. The properties of the commission, both real and personal, are declared to be public properties used for the benefit and wel fare of the people of the State of Georgia, and not for purposes of private benefit and income, and all such properties of the commission shall be exempt from all taxes and spe cial assessments of any city, county, or the state, or any political subdivision thereof.
Section 13. Rules and regulations. It shall be the duty of the commission to pre scribe rules and regulations for the operation of the commission and the conduct of its business and for the operation of any project sponsored by the commission.
Section 14. Obligations of the commission. No debt or obligation whatsoever incur red by the commission shall be construed to be a debt or obligation of either the City of Marietta or the County of Cobb.
Section 15. Venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against the commission may be brought in the State Court of Cobb County or the Superior Court of Cobb County, and such courts shall have the exclusive, original jurisdiction of any such actions.
Section 16. Powers declared supplemental and additional. The foregoing provisions of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized and shall be regarded as supplemental and additional to the powers conferred by other laws and shall not be regarded as in derogation of any powers now existing.
Section 17. Liberal construction of this Act. This Act, being for the welfare of vari ous municipal corporations or a political subdivision of the state and its inhabitants, shall be liberally construed to effect the purposes stated by this Act.
Section 18. Effect of partial invalidity of Act. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.
Section 19. Specific repealer. This Act does not in any way take from the State of Georgia, or any department, agency, or instrumentality thereof, the City of Marietta or Cobb County, or any other municipal corporation or political subdivision of this state, any right, authority, or power held by any such public entity or body politic.
Section 20. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 21. General repealer. All laws and parts of law in conflict with this Act are repealed.

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Representative Ehrhart of the 20th moved that the House agree to the Senate substi tute to the House substitute to SB 340.
On the motion the ayes were 110, nays 0.
The motion prevailed.

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

Mr. Speaker:
The Senate has agreed to the House substitute as amended by the Senate, to 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 Anno tated, relating to exemption from applicability, so as to provide for a new exemption for certain renovation and replacement projects; to provide an effective date.

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

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

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 Anno tated, 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 following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 269

The Committee of Conference on HB 269 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 269 be adopted.
Respectfully submitted,

MONDAY, MARCH 13, 1989

2273

FOR THE SENATE:
/s/ Culver Kidd Senator, 25th District
/s/ Tommy C. Olmstead Senator, 26th District
/s/ Gene Walker Senator, 43rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ George M. Brown Representative, 88th District
/s/ DuBose porter Representative, 119th District
/s/ William C. Randall Representative, 101st District

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 Anno tated, relating to bonds of contractors, so as to provide for the acceptances and giving of letters of credit in lieu of certain bonds; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bonds for public works, is amended by adding at the end a new subsection to read as follows:
"(d) Where the amount of any bond required under the other subsections of this Code section does not exceed $300,000.00, the state, a county, a municipality, or any public board or body may, in its sole discretion, accept an irrevocable letter of credit issued by a bank or savings and loan association, as defined in Code Section 7-1-4, in the amount of and in lieu of the bond otherwise required under the other subsections of this Code section."
Section 2. Code Section 36-10-4 of the Official Code of Georgia Annotated, relating to bonds of contractors, is amended by striking subsection (a) thereof and inserting in its place a new subsection to read as follows:
"(a) Contractors who are awarded contracts shall be required to give bond for the total amount of the bid, with one good and solvent security, for the faithful performance of the contract and to indemnify the county for any damages occasioned by a failure to perform the same within the prescribed time, except that an irrevocable letter of credit may be substituted for that bond under the conditions provided in subsection (d) of Code Section 13-10-1."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Brown of the 88th moved that the House adopt the report of the Committee of Conference on HB 269.
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
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
Buck Y Buford Y Byrd Y Carrell Y Carter Y Chambless

Y Chance Cheeks
Y Childers Clark,B
Y Clark.H Y Clark,L
Colbert Y Coleman Y Colwell Y Connell Y Couch
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
Manner Y Harris Y Hasty Y Heard
Herbert Y Holcomb Y Holland
Holmes Hooks Y Howren

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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 Y Lee Y Linder
Long Y Lord

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 Y Orr

Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten
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

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

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 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
Wall Ware Y Watson
Y Watts Y White Y Wilder Y Williams.B Y Williams.J Y Yates
Y Yeargin Murphy,Spkr

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

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 Anno tated, 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.

The following Senate substitute was read:

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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-4-10 of the Official Code of Georgia Annotated, relating to the State Board of Technical and Adult Education, is amended by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) There is established a State Board of Technical and Adult Education consisting of not fewer than 15 members who shall be appointed by the Governor and confirmed by the Senate for five-year terms, one from each congressional district and five at-large members. Board members in office on June 30, 1989, shall serve out the remainder of their respective terms. Upon expiration of those terms, the Governor shall appoint five successors to two-year terms, five successors to three-year terms and five successors to five-year terms. All subsequent appointments shall be for regular five-year terms. Mem bers shall represent business, industry, or economic development. The board shall elect from its members a chairperson, vice chairperson, and such other officers as are consid ered necessary, each to serve for two-year terms. Officers may be elected to succeed themselves. Members shall serve until their successors are appointed; however, in the event of a vacancy on the board because of death, resignation, or removal for any reason other than expiration of a member's term, the Governor shall fill such vacancy in the same manner as the original appointment and the person so appointed shall serve for the unexpired term of office."

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2275

Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Greene of the 130th moved that the House agree to the Senate substi tute to HB 428.
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 Athon
Y Atkins Y Bailey Y Baker Y 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
Buck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance
Cheeks Y Childers
Clark.B

Y Clark.H Y Clark.L
Colbert Y Coleman Y Colwell Y Connell
Y Couch 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
Green
Y Greene 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 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 Linder
Long YLord Y Lucas
Lupton Mangum Y Martin Y McCoy McDonald Y McKelvey Y McKinney.B

On the motion, the ayes were 148, nays 0. The motion prevailed.

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

Y Sinkfield Smith.L Smith,?
Y 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
Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Walker.L Wall
Ware Y Watson Y Watts
Y White Y Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin
Murphy.Spkr

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

SB 297. By Senator Allgood of the 22nd:
A bill to amend Code Section 50-18-72 of the Official Code of Georgia Anno tated, 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 Gen eral Assembly by certain offices.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 297

The Committee of Conference on SB 297 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 297 be adopted.

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JOURNAL OF THE HOUSE,

FOR THE SENATE:
/s/ Thomas F. Allgood Senator, 22nd District
/s/ Harrill L. Dawkins Senator, 45th District
/s/ John C. Foster Senator, 50th District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Jack Connell Representative, 87th District
/s/ Denmark Groover, Jr. Representative, 99th District
/s/ Wm. J. Lee Representative, 72nd District

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; to provide for related mat ters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records for which public disclosure is not required, is amended by replacing the period at the end of paragraph (6) of subsection (a) with the symbol and word "; or" and by adding thereafter a new paragraph (7) of subsection (a) to describe a class of records for which public disclosure is not required and to read as follows:
"(7) Related to the provision of staff services to individual members of the General Assembly by the Legislative and Congressional Reapportionment Office, the Senate Research Office, or the House Research Office, provided that this exception shall not have any application with respect to records related to the provision of staff services to any committee or subcommittee or to any records which are or have been previously publicly disclosed by or pursuant to the direction of an individual member of the Gen eral Assembly."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Groover of the 99th moved that the House adopt the report of the Committee of Conference on SB 297.
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 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
Buck Y Buford Y Byrd Y Carrell Y Carter Y Chambless Y Chance
Cheeks N Childers
Clark.B

N Clark.H
Y Clark.L Colbert
Y Coleman Y Colwell Y Connell
Y Couch Cox
Y Crawford Y Crosby
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
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 N Howren
Y Hudson Y Irwin N Isakson Y Jackaon.J Y Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore

MONDAY, MARCH 13, 1989

2277

Y Kingston Y Lanc.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee
Linder Long Y Lord Y Lucas Y Lupton Mangum Y Martin Y McCoy
McDonald N McKelvey Y McKinney.B

Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore N Morion Y Moultrie N Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish
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

On the motion, the ayes were 137, nays 14. The motion prevailed.

Y Sinkfield Smith,L
N Smith.P Y Smith.T
Smith.W Smyre Y Snow 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

N Tolbert Y Townsend Y Twiggs N Vaughan Y Waddle
Walker.C Walker.L Wall Y Ware Y Watson Y Watts White N Wilder Y Williams.B Y Williams,J
Yates Y Yeargin
Murphy.Spkr

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

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 following Senate substitute was read:

A BILL
To amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to provide that the judge by whom the guardian was appointed may pass an order transferring jurisdiction of the trust; to provide that in cases where an action is pending or the probate court of jurisdiction has issued an order for an accounting or removal of a guardian, the guardian shall not be discharged and the probate court of orig inal jurisdiction shall not lose jurisdiction by virtue of the fact that the guardian has changed his residence to another county or has initiated proceedings to remove the trust to another jurisdiction; to provide that the probate court of original jurisdiction shall also retain authority to appoint a successor guardian; to provide for other matters relating thereto; to provide that where a personal injury action is brought by a minor child through a natural guardian as next friend, and where the amount in controversy is $20,000.00 or less, the trial judge may authorize such natural guardian to compromise such claim and to receive sums paid pursuant to a compromise or judgment without filing a bond; to pro vide that where the amount in controversy exceeds $20,000.00 or where the trial judge otherwise requires a bond, the natural guardian shall file a bond with the judge of the pro bate court; to provide that the trial judge shall set the amount of any such bond; to pro vide that such natural guardian shall submit an annual report as required by the judge of the probate court; to provide that the judge of the probate court may authorize any natural guardian to compromise such claim not exceeding $20,000.00 and to receive such sum without filing a bond; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended by striking Code Section 29-2-70, relating to removal of trust to

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county of a guardian's residence, in its entirety and inserting in lieu thereof a new Code Section 29-2-70 to read as follows:
"29-2-70. (a) A guardian whose county of residence is or becomes a county other than the county of his appointment may remove the trust to the jurisdiction of the judge of the probate court of his own county.
(b) In order to remove his trust to the county of his residence, the guardian shall first give bond and good security to the judge of the probate court of such county as if the guardian had first been appointed by him; a certificate to this effect shall be filed with the judge of the probate court by whom the guardian was appointed. Thereupon, the judge by whom the guardian was appointed shall may pass an order transferring jurisdiction of the trust to the judge of the probate court of the county of the guardian's residence. The guardian shall obtain properly authenticated certified copies of all the records concerning his guardianship and of the order transferring the same to the county of his residence from the judge by whom he was appointed. The certified copies shall be filed with and recorded by the judge of the guardian's county of residence, who shall then have the same jurisdiction over the guardian as if the guardian had been first appointed by him.
(c) Following removal of the trust to the county of the guardian's residence, every case growing out of or affecting the trust shall be heard and tried only in that county to which the trust has been removed.
(d) The sureties upon the guardian's first bond shall be liable only for misconduct of the guardian up until the giving of new bond and security. The sureties upon the new bond shall be liable for both past and future misconduct of the guardian.
(e) In any case where an action is pending or the probate court has issued an order for an accounting or removal of a guardian, the guardian shall not be discharged and the probate court of original jurisdiction shall not lose jurisdiction by virtue of the fact that the guardian has changed his residence to another county or has initiated proceed ings to remove the trust to another jurisdiction. The probate court of original jurisdic tion shall also retain authority to appoint a successor guardian."
Section 2. Said title is further amended by adding a new subsection immediately following subsection (c) of Code Section 29-4-2, relating to natural guardians of minor chil dren, to be designated subsection (d), to read as follows:
"(d) Notwithstanding any provision in this Code section to the contrary, if the claim of a minor child arises from a personal injury sustained by such child, the following provisions shall apply:
(1) If legal action has been initiated against the tort-feasor for recovery of damages through a natural guardian as next friend, and the amount in controversy is $20,000.00 or less, the judge before whom such action is pending may, in his discretion, authorize such natural guardian to compromise and terminate such claim and to receive any sums paid pursuant to a compromise or judgment without filing any bond; in cases in which the amount in controversy exceeds $20,000.00, or where the trial judge other wise requires a bond, the natural guardian shall file with the judge of the probate court a bond in an amount set by the trial judge prior to compromising or terminating such claim or receiving any sums paid pursuant to a compromise or judgment, and the natural guardian shall make such annual report as the probate judge may require; and
(2) If legal action has not been initiated, the judge of the probate court may, in his discretion, authorize any natural guardian to compromise and terminate any claim not exceeding $20,000.00 without filing a bond."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following substitute to the Senate substitute, offered by Representative Oliver of the 53rd, was read and adopted:
A BILL
To amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to provide that the judge by whom the guardian was appointed may pass an

MONDAY, MARCH 13, 1989

2279

order transferring jurisdiction of the trust; to provide that in cases where an action is pending or the probate court of jurisdiction has issued an order for an accounting or removal of a guardian, the guardian shall not be discharged and the probate court of orig inal jurisdiction shall not lose jurisdiction by virtue of the fact that the guardian has changed his residence to another county or has initiated proceedings to remove the trust to another jurisdiction; to provide that the probate court of original jurisdiction shall also retain authority to appoint a successor guardian; to provide that if the value of the prop erty of the child is $5,000.00 or less, no legally qualified guardian shall be required to receive such property and where the value is greater than $5,000.00 but less than $10,000.00, the judge of the probate court shall have the discretion to decide whether to require a legally qualified guardian; to provide that if a settlement is for $5,000.00 or less, the natural guardian may execute a release without the approval of the court of record; to provide that the judge of the probate court may authorize any natural guardian to compromise any settlement approved by the court of at least $5,001.00 but not greater than $10,000.00 without becoming the legally qualified guardian; to provide that if a legal action is initiated by a natural guardian as next friend and a settlement greater than $5,001.00 but less than $10,000.00 is proposed, the judge presiding over such action may authorize such natural guardian to compromise and terminate such claim and receive any sums thereof without becoming the legally qualified guardian; to provide that the natural guardian shall hold and use such money for the benefit of the child; to provide that the natural guardian shall be accountable for such money; to provide that in settlements in excess of $10,000.00, the natural guardian shall apply to become the legally qualified guardian and shall be required to file bond; to provide that debts shall be paid upon receipt of an affidavit stating that the personal property value does not exceed $5,000.00; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended by striking Code Section 29-2-70, relating to removal of trust to county of guardian's residence, procedure, and liabilities of sureties, in its entirety and inserting in lieu thereof a new Code Section 29-2-70 to read as follows:
"29-2-70. (a) A guardian whose county of residence is or becomes a county other than the county of his appointment may remove the trust to the jurisdiction of the judge of the probate court of his own county.
(b) In order to remove his trust to the county of his residence, the guardian shall first give bond and good security to the judge of the probate court of such county as if the guardian had first been appointed by him; a certificate to this effect shall be filed with the judge of the probate court by whom the guardian was appointed. Thereupon, the judge by whom the guardian was appointed sfeaW may pass an order transferring jurisdiction of the trust to the judge of the probate court of the county of the guardian's residence. The guardian shall obtain properly authenticated certified copies of all the records concerning his guardianship and of the order transferring the same to the county of his residence from the judge by whom he was appointed. The certified copies shall be filed with and recorded by the judge of the guardian's county of residence, who shall then have the same jurisdiction over the guardian as if the guardian had been first appointed by him.
(c) Following removal of the trust to the county of the guardian's residence, every case growing out of or affecting the trust shall be heard and tried only in that county to which the trust has been removed.
(d) The sureties upon the guardian's first bond shall be liable only for misconduct of the guardian up until the giving of new bond and security. The sureties upon the new bond shall be liable for both past and future misconduct of the guardian.
(e) In any case where an action is pending or the probate court has issued an order for an accounting or removal of a guardian, the guardian shall not be discharged and the probate court of original jurisdiction shall not lose jurisdiction by virtue of the fact that the guardian has changed his residence to another county or has initiated proceed ings to remove the trust to another jurisdiction. The tion shall also retain authority to appoint a successor guardian."

2280

JOURNAL OF THE HOUSE,

Section 2. Said title is further amended by striking Code Section 29-4-2, relating to natural guardians of minor children, in its entirety and inserting in lieu thereof a new Code Section 29-4-2 to read as follows:
"29-4-2. (a) Unless otherwise provided in this Code section, if both parents are alive, either parent is the natural guardian of a minor child. If a parent is dead or if the parents are legally separated or divorced, the parent having custody of the child is the natural guardian.
(b) The natural guardian may not demand or receive the property of the child until a guardian's bond fe fifed and accepted such natural guardian becomes the legally quali fied guardian of the property of such child by the judge of the probate court; provided, however, that, where the value of the property of the child is $1,000.00 $5,000.00 or less, no bond legally qualified guardian will be required, and where the value of the property is greater than $1,000.00 $5,000.00 but less than $6,000.00 $10,000.00, whether or not bond a legally qualified guardian of the property will be required shall be in the discre tion of the judge of the probate court.
(c) If the natural guardian fails or refuses to give bond and surety qualify as guardian of the property when required pursuant to subsection (b) of this Code section, the judge of the probate court may appoint another guardian to receive the property without publishing a citation as is published in guardianship matters under other Code sections.
(d) Notwithstanding any provision in this Code section to the contrary, if the claim of a minor child arises from a personal injury sustained by such child, the following provisions shall apply:
(1) In the event the amount of the settlement for the minor child's personal injuries is $5,000.00 or less, the natural guardian of said minor child may execute and deliver to the tort-feasor a release of said claim without becoming the legally qualified guardian of the property and without such guardian's action being approved by a court of record;
(2) If legal action has not been initiated, the judge of the probate court may, in his discretion, authorize any natural guardian to compromise and terminate any claim where the amount of the settlement approved by the court is at least $5,001.00 but not exceeding $10,000.00 without becoming the legally qualified guardian; provided, however, the natural guardian shall hold and use such money for the benefit of the child and shall be accountable for same;
If legal action has been initiated against the tort-feasor for recovery of < through a natural guardian as next friend, a settlement is proposed, and the amount of the settlement approved by the court is at least $5,001.00 but not exceeding $10,000.00, the judge before whom such action is pending may, in his discretion, authorize such natural guardian to compromise and terminate such claim and to receive any sums paid pursuant to a compromise or judgment without becoming the legally qualified guardian by the probate court; provided, however, the natural guardian shall hold and use such money for the benefit of the child and shall be accountable for same. In cases in which the settlement exceeds $10,000.00 or where the trial judge otherwise otherwise requires a legally qualified guardian, the natural guardian shall apply to become the legally qualified guardian and shall file with the judge of the probate court an initial bond payable to the probate court in an amount set by the trial judge prior to compromising or terminating such claim or receiving any sums paid pursuant to a compromise or judgment; and
(4) Any settlement entered consistent with the provisions of this Code section shall be final and binding upon all parties, including the minor child."
Section 3. Said title is further amended by striking Code Section 29-4-17, relating to when a debt may be paid, property delivered, or stocks and bonds issued or transferred to parent of a minor child without an appointment of a guardian, in its entirety and inserting in lieu thereof a new Code Section 29-4-17 to read as follows:
"29-4-17. (a) Upon receiving an affidavit (1) that the personal property of a minor does not exceed $1,000.00 $5,000.00 in value, (2) that no guardian has been appointed

MONDAY, MARCH 13, 1989

2281

for his estate, and (3) that the affiant is the parent having custody, any person or cor poration indebted to or holding personal property of the minor shall be authorized to pay the amount of indebtedness or to deliver the personal property to the affiant. In the same manner and upon like proof, any person or corporation having the responsibil ity for the issuance or transfer of stocks, bonds, or other personal property shall be authorized to issue or transfer the stocks, bonds, or personal property to or in the name of the affiant. Upon such payment, delivery, transfer, or issuance pursuant to the affida vit, the person or corporation shall be released to the same extent as if the payment, delivery, transfer, or issuance had been made to the legally qualified guardian of the minor and shall not be required to see to the application or disposition of the property.
(b) The parent making the affidavit and receiving the personal property shall be authorized to expend or otherwise dispose of the same for the benefit of the minor, as in his judgment may be just and proper, and shall not be required to report or account to the minor concerning the application, use, or disposition of the property."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Oliver of the 53rd moved that the House agree to the Senate substi tute to HB 733 by the House substitute.
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 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
Cheeks Y Childers
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 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 Ylrwin 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 Linder
Long YLord Y Lucas Y Lupton
Mangum Y Martin Y McCoy
McDonald Y McKelvey Y McKinney.B

On the motion, the ayes were 146, nays 0. The motion prevailed.

Y McKinney.C Y Meadows
Milam Y Mobley Y Moody
Moore Y Morton
Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Pannell
Y Parham Y Parrish
Patten Pettit Y Pinkston
YPoag Y Porter Y Poston Y Powell
Y Rainey Y Randall Y Ransom
Ray Y Reaves
Redding Y Richardson
Y Ricketson Robinson
Y Royal Y Selman Y Simpson

Y Sinkfield 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 Y Thomas.C Y Thomas.M
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
White Y Wilder Y Williams.B Y Williams,J
Yates Y Yeargin
Murphy,Spkr

The Speaker appointed as a second Committee of Conference on SB 257 the following members:
Representatives Colwell of the 4th, Foster of the 6th and Watts of the 41st.

2282

JOURNAL OF THE HOUSE,

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

SB 257. By Senator Garner of the 30th:
A bill to amend Code Section 42-10-4 of the Official Code of Georgia Anno tated, relating to the powers of the Georgia Correctional Industries Adminis tration, so as to change such powers with regard to capital projects; to clarify and restate its powers with regard to earnings, vocational training, and other wise; to ratify and approve existing facilities and a warehouse under con struction.

The following report of the second Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 257

The Committee of Conference on SB 257 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 257 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Wayne Garner
Senator, 30th District
/s/ Joseph E. Kennedy Senator, 4th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Carlton H. Colwell Representative, 4th District
/s/ philip A Fogter Representative, 6th District

/s/ Culver Kidd Senator, 25th District

/s/ L. Charles Watts Representative, 41st District

A BILL
To amend Code Section 42-3-6, relating to the issuance of revenue bonds by the Georgia Building Authority (Penal), so as to change the amount of revenue bonds which may be issued; 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 the provisions relative to the authority to retain and use earnings of the Correc tional Industries Administration; 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 42-3-6, relating to the issuance of revenue bonds by the Georgia Building Authority (Penal), is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 42-3-6 to read as follows:
"42-3-6. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this chapter, shall have the power and is authorized to provide by resolution for the issuance of negotiable revenue bonds in a sum not to exceed $30 $100 million for the purpose of paying all or any part of the cost, as defined in paragraph (3) of Code Section 42-3-2, of any one or combination of projects. Once a total of $26 $100 million in revenue bonds has been issued, no revenue bonds shall be issued thereafter. The prin cipal and interest of the revenue bonds shall be payable solely from the special fund provided for in this chapter for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates payable semiannually, shall mature at such time

MONDAY, MARCH 13, 1989

2283

or times not exceeding 30 years from their date or dates, and shall be payable in such medium of payment as to both principal and interest as may be determined by the authority. They may be made redeemable before maturity, at the option of the author ity, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds."
Section 2. Code Section 42-10-4 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Correctional Industries Administration, is amended by strik ing paragraph (6) which reads as follows:
"(6) To retain any earnings to be used for capital expansion for operating capital in performing the duties and powers provided under this chapter:
(A) In the repair, alteration, erection, and maintenance of industrial buildings and equipment, provided that prior legislative approval for new construction and major capital expenditures is secured; and
(B) For vocational training of inmates without regard to their industrial or other assignments;", in its entirety and substituting in lieu thereof new paragraphs (6), (6.1), and (6.2) to read as follows: "(6) To retain its earnings for expenditure upon any lawful purpose of the adminis tration; (6.1) To conduct vocational training of inmates without regard to their industrial or other assignment; (6.2) To construct, erect, install, equip, repair, replace, maintain, and operate facili ties of every character, consistent with its purposes; provided, however, that the Depart ment of Corrections may not contract with the administration to transfer to it any capital outlay appropriations unless the appropriation was by line item expressly desig nating such a purpose; further, the warehouse the construction of which commenced in DeKalb County in 1988 by the administration and all other facilities of the administra tion presently completed are hereby ratified and approved;".
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Foster of the 6th moved that the House adopt the report of the second Committee of Conference on SB 257.
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
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 Y 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 Y Cummings,M
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
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 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
Long YLord

Y Lucas Y Lupton
Mangum
Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney.B Y McKinney.C Y Meadows YMilam 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

2284

JOURNAL OF THE HOUSE,

Patten Pettit 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 Sinkfleld Y Smith.L Y Smith.P

Smith.T
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 Y Walker.C Y Walker.L

Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J
Yates Y Yeargin
Murphy.Spkr

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

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

HB 503. By Representative Childers of the 15th:
A bill to amend Chapter 35 of Title 43 of the Official Code of Georgia Anno tated, 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 Senate amendment was read:

Amend HB 503 by striking "medical" from line 19 of page 1.

Representative Childers of the 15th moved that the House agree to the Senate amend ment to HB 503.
On the motion, 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
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 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
Colbert Y Coleman Y Colwell Y Connell
Y Couch Cox
Y Crawford Y Crosby Y Cummings.B Y Cummings.M
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
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
Lee Y Linder
Long

YLord Lucas
Y Lupton
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 Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell

Y Rainey Y Randail
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

MONDAY, MARCH 13, 1989

2285

Y Vaughan Y Waddle Y Walker.C

Y Walker.L 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 motion, the ayes were 157, nays 0. The motion prevailed.

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 Anno tated, relating to controlled substances, so as to change the listings of con trolled substances and dangerous drugs and provide for exceptions and exemptions.

The following Senate substitute was read:

A BILL
To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listings of controlled substances and danger ous drugs and provide for exceptions, exemptions, and exclusions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by adding at the end of paragraph (3) of Code Section 16-13-25, relating to Schedule I controlled substances, the following new subparagraphs:
"(FF) 2,5-Dimethoxy-4-Ethylamphetamine; (GG) Cathinone; (HH) MPPP (l-Methyl-4-Phenyl-4 Propionoxypiperidine); (II) PEPAP; (JJ) Alpha-Methylthiofentanyl; (KK) Acetyl-Alpha-Methylfentanyl; (LL) 3-Methylthiofentanyl; (MM) Beta-Hydroxyfentanyl; (NN) Thiofentanyl; (OO) 3,4-Methylenedioxy-N-Ethylamphetamine; (PP) 4-Methylaminorex; (QQ) N-Hydroxy-3,4-Methylenedioxyamphetamine; (RR) Beta-Hydroxy-3-Methylfentanyl; (SS) MDMA (3, 4 Methylene Dioxymethamphetamine); (TT) N, N-Dimethylamphetamine;"
Section 2. Said chapter is further amended by adding at the end of paragraph (3) of Code Section 16-13-26, relating to Schedule II controlled substances, the following new subparagraphs:
"(E) Carfentanil; (F) Nabilone; (G) Dimethylamphetamine;"
Section 3. Said chapter is further amended by adding at the end of paragraph (2) of Code Section 16-13-27, relating to Schedule III controlled substances, a new subparagraph to read as follows:
"(L) Tiletamine/Zolozepam (Telazol);"

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JOURNAL OF THE HOUSE,

Section 4. Said chapter is further amended by adding in the appropriate paragraph positions of subsection (a) of Code Section 16-13-28, relating to Schedule IV controlled substances, new paragraphs to read as follows:
"(2.3) Cathine; (13.2) Fencamfamin; (14.2) Fenproporex; (19.2) Mefenorex;"

Section 5. Said chapter is further amended by striking "or" at the end of subparagraph (E) of paragraph (1) of Code Section 16-13-29, relating to Schedule V con trolled substances, striking the period at the end of paragraph (2) of that Code Section 16-13-29 and inserting in its place a semicolon, and adding immediately thereafter new
paragraphs to read as follows: "(3) Propylhexedrine; or (4) Pyrovalerone;"

Section 6. Said chapter is further amended by adding immediately following the list ing of Azmadrine in Code Section 16-13-29.1, relating to exclusion of certain nonnarcotic substances, the following:

"Benzedrex Inhaler (Inhaler)

Propylhexedrine

Smith Kline Consumer Products"

Section 7. Said chapter is further amended by striking from subsection (b) of Code Section 16-13-71, relating to dangerous drug definitions, the following:
"(68) Asparaginase; (160) Cephradine; (465) Idoxuridine; (490) lothiouracil; (629.1) Nabilone; (641) Niacinamide -- See exceptions; (649) Nitrous oxide -- See exceptions; (704) Pentylenetetrazol;", and by adding in the appropriate paragraph positions in that subsection (b) the following
new paragraphs: "(67.3) Asparaginase; (67.6) Astemizole; (145.6) Carteolol; (152.7) Cefotiam; (159.3) Cephradine; (159.6) Ceretec; (270.5) Diclofenac sodium; (359.5) Ethanolamine oleate; (464.3) Idoxuridine; (464.6) Ifosfamide; (489.3) lothiouracil; (489.6) loversol; (567.5) Mesna; (619.5) Misoprostol; (631.5) Naftifine; (640.3) Niacinamide -- See exceptions;
(640.7) Nicardipine HCL; (644.5) Nimodipine; (648.3) Nitrous oxide -- See exceptions; (648.6) Nizatidine; (661.5) Octreotide acetate; (668.5) Oxiconazole nitrate;
(703.4) Pentylenetetrazol;

MONDAY, MARCH 13, 1989

2287

(703.7) Pergolide; (967.5) Tiopronin;"
Section 8. Said chapter is further amended by striking the period at the end of paragraph (30) of subsection (c) of said Code Section 16-13-71, relating to dangerous drug definitions, and inserting in its place "; or" and by adding immediately thereafter a new paragraph to read as follows:
"(31) Loperamide Oral Liquid (1.00 mg/5.00 ml);"
Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 10. All laws and parts of laws in conflict with this Act are repealed.
Representative Parham of the 105th moved that the House agree to the Senate substi tute to HB 69.
On the motion, 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
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
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
Colbert Y Coleman Y Colwell Y Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings.B Y Cummings.M
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
Gresham
Y Griffin Groover
Y Hamilton
Y Banner Y Harris

Y Hasty
Y Heard Herbert
Y Holcomb Y Holland
Holmes Y Hooks Y Howren Y Hudson Y Irwin YIsakson Y Jackson,J Y Jackson, W
Y Jamieson Y Jenkins Y Johnson
Jones Y Kilgore Y Kingston
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 Y McKinney.B

On the motion, the ayes were 153, 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 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,?
Smith.T 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
Wall YWare Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams,J Y Yates Y Yeargin
Murphy.Spkr

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 239. By Senator Barnes of the 33rd:
A bill to amend Chapter 5 of Title 51 of the Official Code of Georgia Anno tated, 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.

2288

JOURNAL OF THE HOUSE,

Representative Chambless of the 133rd moved that the House adhere to its position in substituting SB 239 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Chambless of the 133rd, Thomas of the 69th and Groover of the 99th.

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

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 Anno tated, 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" corpora tion status for state purposes.

The following Senate substitute was read:

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 exclude the amount of mort gage interest eliminated from federal itemized deductions for the purpose of computing mortgage interest credit on the federal return and the amount of a dependent's unearned income included in federal adjusted gross income of a parent's return from the computa tion of taxable net income; 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 either because another state does not recognize Subchapter "S" corporation status or because a nonresident shareholder does not consent to Subchapter "S" corpora tion status; to provide for related matters; to provide for an effective date and for applica bility; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to calculation of taxable net income of individuals, is amended by striking paragraph (3) of subsection (a) in its entirety and substituting in lieu thereof a new paragraph (3) to read as follows:
"(3) (A) The amount of salary and wage expenses eliminated in computing the individual's federal adjusted gross income because the individual has taken a federal jobs tax credit which requires, as a condition to using the federal jobs tax credit, the elimination of related salary and wage expenses.
(B) The amount of mortgage interest eliminated from federal itemized deductions for the purpose of computing mortgage interest credit on the federal return;".
Section 2. Said Code section is further amended by by striking from the end of para graph (6) of subsection (a) the word "and", by striking the period from the end of para graph (7) of subsection (a) and substituting in lieu thereof "; and", and by adding a new paragraph (8) at the end of subsection (a) to read as follows:

MONDAY, MARCH 13, 1989

2289

"(8) The amount of a dependent's unearned income included in federal adjusted gross income of a parent's return."
Section 3. Said Code section is further amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) (1) Georgia resident shareholders of Subchapter 'S' corporations may make an adjustment to federal adjusted gross income for Subchapter 'S' corporation income where another state does not recognize a Subchapter 'S' corporation.
(2) Nonresident shareholders of a Georgia Subchapter 'S' corporation must execute a consent agreement to pay Georgia income tax on their portion of the corporate income in order for the Subchapter 'S' corporation to be recognized for Georgia pur poses. This consent agreement must be filed by the corporation with its corporate tax return. Shareholders of a federal Subchapter 'S' corporation which is not recognized for Georgia purposes may make an adjustment to federal adjusted gross income in order to avoid double taxation on this type of income. Adjustments will not be allowed unless tax was actually paid by the corporation."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be effective for tax years beginning on or after January 1, 1989.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Coleman of the 118th moved that the House agree to the Senate sub stitute to HB 486.
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 N 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 N Breedlove Y Brooks
Brown Buck Buford YByrd Y Carrell Y Carter Y Chambless Chance
Y Cheeks Y Childers
Clark.B

N Clark.H Y Clark,L
Colbert
Y Coleman Y 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
Dover Y Dunn Y Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster YGodbee
Y Goodwin Green
Y Greene Gresham
Y Griffin
Y Groover Hamilton
Y Manner Y Harris

Y Hasty Y Heard
Herbert Y Holcomb Y Holland
Holmes Y Hooks N Howren
Hudson Ylrwin
Isakson Y Jackson,J Y Jackson.W
Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence
Lawson YLee Y Linder
Long YLord
Lucas Y Lupton
Mangum Y Martin Y McCoy
Y McDonald Y McKelvey Y McKinney,B

On the motion, the ayes were 132, nays 6. The motion prevailed.

Y McKinnsy.C Y Meadows YMilam
Y Mobley Moody
Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
Orr Y Orrock Y Padgett Y Pannell YParham
Parrish Patten Pettit Pinkston YPoag
Y Porter YPoston Y Powell Y Rainey
Randall Y Ransom YRay
Reaves Y Redding Y Richardson Y Ricketson Y Robinson
Y Royal Selman
Y Simpson

Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre 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 Y Townsend Y Twiggs N Vaughan Y Waddle Y Walker.C Walker,L Wall YWare Y Watson Y Watts Y White N Wilder Y Williams.B Y Williams,J YYates Y Yeargin Murphy,Spkr

2290

JOURNAL OF THE HOUSE,

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

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

HB 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 correc tional institution operated by or under the jurisdiction and supervision of the Department of Corrections.

The Senate has agreed to the House substitute by Senate substitute to the following Resolution of the Senate:

SR 54. 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 pro vide an effective date.

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

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 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 239. By Senator Barnes of the 33rd:
A bill to amend Chapter 5 of Title 51 of the Official Code of Georgia Anno tated, 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.

The President has appointed on the part of the Senate the following: Senators Taylor of the 12th, Johnson of the 47th and Deal of the 49th.

MONDAY, MARCH 13, 1989

2291

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

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 Anno tated, 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 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 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.

Representative Baker of the 51st moved that the House insist on its position in disagreeing to the Senate substitute to HB 380 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 Baker of the 51st, Robinson of the 96th and Alien of the 127th.

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

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 oper ated 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 Senate substitute was read:

A BILL
To amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, known as the "Children and Youth Act," so as to change the provisions relating to

2292

JOURNAL OF THE HOUSE,

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 oper ation 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 consti tutes a special hazard to the life and safety of persons on account of fire or panic from fear of fire; to provide for an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, 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 operated as part of a local church ministry or a religious nonprofit school or a nonprofit religious charitable organization may volun tarily elect to apply for a license as provided for in paragraph (2) of this subsection.
ft) (2) 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; pro vided, 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 arti cle 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.

MONDAY, MARCH 13, 1989

2293

(4) (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.
{&) (6) The department shall not be authorized to prescribe, question, or regulate the specific content of educational curriculum taught or specify what play and pro gram materials a group day-care home or day-care center shall use.
(6) (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.
(?) (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 provi sions of this paragraph, all other applicable rules and regulations shall apply. (c) The department shall assist applicants or licensees or persons holding commis sions 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 chil dren, if any, in the custody of such child welfare agency in some other licensed or 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 depart ment may, in its discretion, reissue such temporary license or commission for one addi tional 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 commis sion which states the restrictions on its face.
(evH (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

2294

JOURNAL OF THE HOUSE,

(3) Prior license or commission denial or revocation within one year of application. (f) (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 commis sion 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. 4h) Reserved. W--Reserved. <j)--Reserved.
(i) Child-caring institutions and child-placing agencies, when licensed in accord ance with this Code section, may receive needy or dependent children from their par ents, 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 cus tody and control over such children during the period of care.
4D (j) Child-placing agencies, in placing children in foster family homes, shall safe guard 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.
4m) (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.
() (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.
4e) (m) If abuses, derelictions, or deficiencies are found in the operation and man agement 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 reason able time, the department shall revoke the license or commission of such agency in the manner prescribed in this Code section.
4p) (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.
4q) (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 inspec tions 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 insti tutions. 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

MONDAY, MARCH 13, 1989

2295

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 sep arate offense.
fe) (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 place ment 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 depart ment. Notwithstanding the provisions of Code Section 49-5-12.1, violation of this subsec tion 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 depart ment or in violation of any order of the board.
(s) The term 'licensed day-care center' shall include a commissioned day-care center and any references in this Code to a licensed day-care center, including criminal, admin istrative, and civil 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 cer tain construction and maintenance standards, is amended by striking in its entirety 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 commis sioned as such by the Department of Human Resources and in which at least seven chil dren 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 Depart ment of Human Resources where more than 12 children receive care. Fire safety stan dards 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. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Dixon of the 151st moved that the House agree to the Senate substi tute to HB 114.
On the motion, 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

2296

JOURNAL OF THE HOUSE,

Y Barnett,M YBeck Y Benefield YBenn Y Birdsong
Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Buck Buford YByrd 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 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 Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Hasty Y Heard
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 Y Kilgore Y Kingston
Y Lane.D Y Lane.R
Y Langford Y Lawrence
Y Lawson YLee Y Linder
Long
Lord Y Lucas Y Lupton
Mangum Martin
Y McCoy Y McDonald Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Moore

On the motion, the ayes were 148, nays 1. The motion prevailed.

Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten
Pettit Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey YRandall Y Ransom YRay Y Reaves Redding N 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
Twiggs
Y Vaughan Y Waddle Y Walker.C Y Walker.L
Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,,! Y Yates Y Yeargin
Murphy.Spkr

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

SB 137. By Senator Kidd of the 25th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Anno tated, relating to exemption from applicability, so as to provide for a new exemption for certain renovation and replacement projects; to provide an effective date.

The following Senate amendment was read:

Amend the House substitute to SB 137 by adding on line 1 of page 2, between the word "Has" and the word "been", the following:
"at any time". By adding at the end of line 13 of page 2 the word "or". By striking from the end of line 16 of page 2 the word "or". By striking in their entirety lines 17 and 18 on page 2, which read as follows: "(IV) Any increase in capacity of existing clinical health services;".

Representative Childers of the 15th moved that the House disagree to the Senate amendment to the House substitute to SB 137.
The motion prevailed.

MONDAY, MARCH 13, 1989

2297

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

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 correc tional institution operated by or under the jurisdiction and supervision of the Department of Corrections.

The following Senate substitute was read:

A BILL
To amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Anno tated, relating to procedure for sentencing and imposition of punishment generally, so as to authorize the sentencing judge upon request to release a defendant pending the defendant's surrendering voluntarily on a fixed date at a designated county jail or a correctional institution operated by or under the jurisdiction and supervision of the Department of Corrections; to provide that the defendant may be released on bond or on the defendant's personal recognizance; to provide for supervision by probation officers; to provide for eligibility and criteria for participation in the voluntary surrender program; to provide that the sentencing judge shall be the sole and final arbiter concerning eligibility and the defendant shall have no right to appeal such decision; to provide that the defend ant shall be responsible for all subsistence and travel expenses connected with surrender ing voluntarily to a designated county jail or correctional institution on a date fixed by the court or the Department of Corrections within certain time limits; to provide for the running of sentences; to provide that a defendant who fails to surrender voluntarily as directed and required may be charged with certain criminal offenses or be cited for con tempt of court; to authorize the Department of Corrections to promulgate rules and regu lations to implement the voluntary surrender program; 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 1 of Chapter 10 of Title 17 of the Official Code of Georgia Anno tated, relating to procedure for sentencing and imposition of punishment generally, is amended by adding a new Code section immediately following Code Section 17-10-9, to be designated Code Section 17-10-9.1, to read as follows:
"17-10-9.1. (a) When a defendant who pleads nolo contendere or guilty or is con victed of an offense against the laws of this state other than:
(1) Treason; (2) Murder; (3) Rape; (4) Aggravated sodomy; (5) Armed robbery; (6) Aircraft hijacking; (7) Aggravated child molestation; (8) Manufacturing, distributing, delivering, dispensing, administering, selling, or pos sessing with intent to distribute any controlled substance classified under Code Section 16-13-25 as Schedule I or under Code Section 16-13-26 as Schedule II; (9) Violating Code Section 16-13-31, relating to trafficking in cocaine or marijuana; (10) Kidnapping, arson, or burglary if the person, at the time such person was charged, has previously been convicted of, was on probation or parole with respect to,

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JOURNAL OF THE HOUSE,

or was on bail for kidnapping, arson, aggravated assault, burglary, or one or more of the offenses listed in paragraphs (1) through (9) of this subsection;
(11) Child molestation; (12) Robbery; (13) Aggravated assault; or (14) Voluntary manslaughter is sentenced to a term of confinement in a county jail or a correctional institution oper ated by or under the jurisdiction and supervision of the Department of Corrections, the sentencing judge may release the defendant pending the defendant's surrendering to a county jail or to a correctional institution designated by the Department of Corrections as authorized in this Code section. The sentencing court may release the defendant on bond or may release the defendant on the defendant's personal recognizance. This Code section shall not be construed to limit the court's authority in prescribing conditions of probation. (b) Any defendant who has been released on bond and who has complied with all of the conditions of the bond and any other defendant who, in the opinion of the sen tencing judge, is deemed worthy of the procedure to surrender voluntarily, may be eli gible to participate in the program. However, the sentencing judge shall be the sole and final arbiter concerning eligibility and the defendant shall have no right to appeal such decision. (c) When a defendant submits a request to the sentencing judge to be allowed to sur render voluntarily to a county jail or a correctional facility, the judge may consider the request and if, taking into the consideration the crime for which the defendant is being sentenced, the history of the defendant, and any other factors which may aid in the decision, the judge determines that the granting of the request will pose no threat to society, the defendant shall be remanded to the supervision of a probation officer by the judge and ordered to surrender voluntarily to a county jail designated by the court or to a correctional institution as thereafter designated by the Department of Corrections. The surrender date shall be a date thereafter specified as provided in subsection (d) of this Code section. The sentence of any defendant who is released pursuant to this Code section shall not begin to run until such person surrenders to the facility designated by the court or by the department, provided that such person will receive credit toward his sentence for time spent in confinement awaiting trial as provided in Code Section 17-10-11. (d) In the event the defendant is ordered to surrender voluntarily to a county jail, the court shall designate the date on which the defendant shall surrender, which date shall not be more than 120 days after the date of conviction. When the sentencing judge issues an order requiring a defendant to surrender voluntarily to a correctional insti tution, the Department of Corrections shall authorize the commitment and designate the correctional institution to which the defendant shall report and the date on which the defendant is to report, which date shall not be more than 120 days after the date of conviction. Upon such designation, the department shall notify the supervising probation officer who shall notify the defendant accordingly. Subsistence and transportation expenses en route to the correctional institution shall be borne by the defendant. (e) The provisions of this Code section shall not apply to any defendant convicted of a capital felony. (f) If the defendant fails to surrender voluntarily as directed and required, the defendant may be charged with the offense of bail jumping pursuant to subsection (a) of Code Section 16-10-51 or the offense of escape pursuant to paragraph (3) of subsec tion (a) of Code Section 16-10-52 and, if convicted of such crimes, shall be punished as provided by law; or may be cited for contempt of court by the sentencing judge and, if convicted of contempt, the defendant shall be punished as provided in Code Section 15-6-8.
(g) The Department of Corrections is authorized and directed to promulgate such rules and regulations as may be necessary to effectuate the purposes of this Code
section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

MONDAY, MARCH 13, 1989

2299

Representative Groover of the 99th moved that the House agree to the Senate substi tute to HB 466.
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
Athon Y Atkins
Y Bailey Y Baker Y Balkcom
Bannister Y Barfoot
Bargeron Y Barnett.B
Barnett.M Beck Benefield Benn Y Birdsong
Y Bishop Bostick
Y Branch Y Breedlove Y Brooks
Brown Buck Y Buford Y Byrd Y Carrell Carter Y Chambless Chance Cheeks Y Childers Y Clark.B

N Clark.H Y Clark.L
Colbert Y Coleman Y Colwell
Connell Couch Cox Y Crawford Y Crosby Y Cummings,B Y Cummings.M Davis.C Y Davis.G Y Davis.M Dixon.H Y Dixon,S Y Dobbs Dover Y Dunn
Y Edwards Ehrhart Felton
Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin
Green Y Greene
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
Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore N Kingston
Lane.D Y Lane.R Y Langford N Lawrence Y Lawson YLee
Linder Long YLord Lucas Lupton Mangum Martin Y McCoy Y McDonald N McKelvey Y McKinney.B

On the motion, the ayes were 116, nays 6. The motion prevailed.

Y McKinney.C Y Meadows
Milam Mobley Y Moody Y Moore N Morton Y Moultrie Y Mueller Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Patten Pettit Pinks ton YPoag Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom YRay Reaves Redding Richardson Y Ricketson Robinson Y Royal Selman Simpson

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
Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus
Tolbert Y Townsend Y Twiggs N Vaughan Y Waddle Y Walker.C Y Walker.L
Wall Ware Watson Y Watts Y White Wilder Williams.B Y Williams,J Y Yates Y Yeargin Murphy.Spkr

Representatives Porter of the 119th and Couch of the 36th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

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

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 compen sation of Justices of the Supreme Court and Judges of the Court of Appeals; to provide a mechanism for future changes in such compensation.

2300

JOURNAL OF THE HOUSE,

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

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 compen sation of Justices of the Supreme Court and Judges of the Court of Appeals; to provide a mechanism for future changes in such compensation.

Representative Walker of the 115th moved that the House insist on its position in disagreeing to the Senate amendment to HB 55 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Lee of the 72nd, Groover of the 99th and Walker of the 115th.

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

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 following Senate substitute was read:

A BILL
To amend Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Anno tated, relating to time-share projects and programs, so as to change certain definitions; to change certain provisions relating to taxation and title; to provide for the inclusion of cer tain campsite time-share programs and establish requirements and procedures relating thereto; to provide for instruments, statements, and programs; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Anno tated, relating to time-share projects and programs, is amended by striking paragraph (25) of Code Section 44-3-162, relating to definitions, and inserting in its place a new paragraph to read as follows:
"(25) 'Time-share program' means any arrangement for time-share intervals in a timeshare project whereby the use, occupancy, or possession of real property has been made subject to either a time-share estate or time-share use whereby such use, occupancy, or possession circulates among purchasers of the time-share intervals according to a fixed

MONDAY, MARCH 13, 1989

2301

or floating time schedule on a periodic basis occurring annually over any period of time in excess of one year in duration2 and for purposes of this paragraph a floating time schedule includes, without being limited to, a time-share use of a campsite for a fixed period or for a period determined by availability on a first come, first serve basis and such use shall be a campsite time-share program for purposes of Code Section 44-3-171 and Code Section 44-3-205."
Section 2. Said article is further amended by striking subsection (c) of Code Section 44-3-163, relating to time-share estate titles, recording transfers or encumbrances, and taxation, and inserting in its place a new subsection (c) to read as follows:
"(c) For purposes of title, each time-share estate constitutes a separate estate or

Section 3. Said article is further amended by striking "and" at the end of para graph (2) of Code Section 44-3-169, relating to contents of instruments creating time-share uses, by striking the period at the end of paragraph (3) of that Code section and inserting in its place "; and", and by adding immediately thereafter a new paragraph to read as fol lows:
"(4) In the case of a time-share program in which campsites are included in the units committed to the program for a period determined by availability on a first come, first serve basis, the instrument creating the use shall specify and the program itself shall provide a minimum period, which period shall be at least 30 days per year, during which the units are available by a prearrangement or under a first reserved, first served prior ity system, and the minimum period so specified shall be the time the units are commit ted to the time-share program for purposes of this article, including but not limited to paragraph (2) of this Code section, and for determining the amount of time sold to a purchaser for purposes of subparagraphs (B) and (C) of paragraph (2) of subsection (a) of Code Section 44-3-175."
Section 4. Said article is further amended by striking Code Section 44-3-171, relat ing to sales of time-share intervals in programs organized prior to certain dates, and insert ing in its place the following:
"44-3-171. (a) In the event that: (1) Time-share intervals in a time-share program have been sold in this state to
a resident of this state prior to July 1, 1983; (2) The time-share instruments and project instruments creating such program do
not provide for or contain the provisions required by Code Sections 44-3-166 through 44-3-170; and
(3) The developer does not control a sufficient number of votes in the time-share program to amend the time-share instruments and project instruments to provide for the inclusion of the provisions required by Code Sections 44-3-166 through 44-3-170 without the vote of any other time-share interval owners, then the developer shall include in the public offering statement a listing of those provi sions required by Code Sections 44-3-166 through 44-3-170, but not included in the instruments. (b) In the event that:
(1) Time-share intervals in a campsite time-share program have been sold in this state to a resident of this state prior to July lj 1989;
(2) The time-share instruments and project instruments creating such program do not provide for or contain the provisions required by Code Sections 44-3-169 and 44-3-170; and
(3) The developer does not control a sufficient number of votes in the time-share program to amend the time-share instruments and project instruments to provide for the inclusion of the provisions required by Code Sections 44-3-169 and 44-3-170 with out the vote of any other time-share interval owners, then the developer shall include in the public offering statement a listing of those provi sions required by Code Sections 44-3-169 and 44-3-170, but not included in the instruments."

2302

JOURNAL OF THE HOUSE,

Section 5. Said article is further amended by striking Code Section 44-3-205, relat ing to application of the article to time-share programs created before certain dates, and inserting in its place a new Code section to read as follows:
"44-3-205. (a) The provisions of this article shall apply to any time-share program located in this state or outside this state when offered for sale in this state created or commenced after July 1, 1983, and 180 days after July 1, 1983, as to any time-share pro gram heretofore created or commenced.
(b) The provisions of this article shall apply to any campsite time-share program located in this state or outside this state when offered for sale in this state created or commenced after July 1, 1989, and 180 days after July _!, 1989, as to any campsite timeshare program heretofore created or commenced."
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Simpson of the 70th moved that the House agree to the Senate substi tute to HB 773.
On the motion the ayes were 98, nays 0.
The motion prevailed.

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

Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill 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 Anno tated, 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 Commis sion 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 following Resolutions of the House were read and adopted:

HR 493. By Representatives Wall of the 61st, Breedlove of the 60th, Bannister of the 62nd, Goodwin of the 63rd, Barnett of the 59th and others:
A resolution commending Mr. Paul Christen Dockins.

HR 494. By Representatives Richardson of the 52nd, Redding of the 50th, Aaron of the 56th, Teper of the 46th, Williams of the 48th and others:
A resolution commending the Honorable Manuel J. Maloof.

HR 495. By Representatives Atkins of the 21st, McCoy of the 1st, Aaron of the 56th, Godbee of the 110th, Moultrie of the 93rd and others:
A resolution expressing best wishes to Carl T. Martin, Jr.

MONDAY, MARCH 13, 1989

2303

HR 496. By Representatives Bailey of the 72nd, Holcomb of the 72nd, Benefield of the 72nd, Lee of the 72nd and Davis of the 72nd:
A resolution recognizing and commending Jonesboro Junior High School.

HR 497. By Representatives Bailey of the 72nd, Holcomb of the 72nd, Lee of the 72nd, Benefield of the 72nd and Davis of the 72nd:
A resolution commending William D. (Doug) Epps.

HR 498. By Representatives McKinney of the 40th, McKinney of the 35th and Thomas of the 31st:
A resolution commending Dr. Dennis Fred Glover.

HR 499. By Representative Holland of the 136th: A resolution commending Mr. J. R. Odom.

HR 500. By Representative Waddle of the 113th:
A resolution supporting the efforts of citizens with disabilities in their quest for full accessibility to all facilities that are generally accessible to any person without such disability so that they may have an equal chance to be fully productive citizens and enjoy the same benefits as all other Georgians.

HR 501. By Representative Brown of the 88th: A resolution commending and congratulating Clara Robinson.

HR 502. By Representatives Bishop of the 94th and Smyre of the 92nd: A resolution commending Mr. Richard "Ricky" Bryer.

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

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

HB 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 Anno tated, 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 Senate has disagreed to the House amendment to the following Resolution of the Senate:

SR 176. By Senators Dean of the 31st, Olmstead of the 26th, Harris of the 27th and others:
A resolution creating the Commission to Establish the City of Macon as the Permanent Site of the Georgia Music Hall of Fame.

2304

JOURNAL OF THE HOUSE,

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 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.

The President has appointed on the part of the Senate the following: Senators Timmons of the llth, Kennedy of the 4th and Ray of the 19th.

The following Resolutions of the House were read and adopted:

HR 503. By Representatives Cummings of the 134th, White of the 132nd, Chambless of the 133rd and Balkcom of the 140th:
A resolution creating the Albany-Dougherty County Commission on Disadvantaged Youth.

HR 504. By Representatives Bailey of the 72nd, Benefield of the 72nd, Lee of the 72nd, Davis of the 72nd and Holcomb of the 72nd:
A resolution commending the Clayton County school system's music edu cation program.

The following Resolution was read:

SR 265. By Senators Kennedy of the 4th and Allgood of the 22nd

A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Gen eral Assembly adjourn at Midnight on Monday, March 13, 1989, and reconvene at 9:00 A.M. on Wednesday, March 15, 1989.

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

Y Aaron Abernathy
Y Adams
Y Aiken
Y Alford Y Alien
Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfcot Y Bargeron Y Barnett.B Y Barnett,M

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

Y Chance Cheeks
Y Childers
Y Clark.B
Y Clark.H Y Clark.L
Colbert Coleman Y Colwell Y Connell Y Couch Cox
Y Crawford Y Crosby
Cummings.B Y Cummings.M

Y Davis.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 Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb
Y Holland Y Holmes Y Hooks Y Howren

MONDAY, MARCH 13, 1989

2305

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
Long YLord

N Lucas Y Lupton
Mangum
Y 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 Y Oliver.C Y Oliver.M YOrr

Y Orrock Y Padgett Y Pannell
Par ham Y 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 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

Y Thurmond Y Titus Y Tolbert
Townsend Y Twiggs
Y Vaughan Y Waddle Y Walker.C
Walker.L 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 adoption of the Resolution, the ayes were 154, nays 1. The Resolution was adopted.

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 941 through 947, who have registered in the Docket of Legislative Appearance as of March 13, 1989, 3:00 p.m., in accordance with Georgia Laws 1970, p. 695 as the same appears on file and record in this office.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 13th day of March, 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

941. Hooker T. Downie Brotherhood Maintenance of Way Employees 141 Orange Street Cuthbert, Georgia 31740
942. Joan E. Hickman Citizen Dignity, Inc. 105 North Main Street Ellijay, Georgia 30540
943. Johnnie M. Keith Friends Atlanta Center for Independent, Living Atlanta, Georgia 30316

944. Johnnie M. Keith Atlanta Center for Independent, Living Atlanta, Georgia 30316
945. Jack S. Schroder, Jr. Georgia Hospital Association Kaise Health Plan of Georgia Putnam General Hospital Suite 1200, 100 Galleria Parkway Atlanta, Georgia 30339

2306

JOURNAL OF THE HOUSE,

946. Charles Martin Walter Britt, Attorney 470 Hill Street Buford, Georgia 30518

947. Danny A. Toth Georgia Pharmaceutical Assoc. Holmes Pharmacy Post Office Box 972 Lagrange, Georgia 30241

Pursuant to SR 265, adopted by the House and Senate, the House adjourned until 9:00 o'clock, A.M., Wednesday, March 15, 1989.

WEDNESDAY, MARCH 15, 1989

2307

Representative Hall, Atlanta, Georgia Wednesday, March 15, 1989

The House met pursuant to adjournment at 9:00 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 Alien Athon Atkins Balkcom
Bannister
Barfoot
Barnett,B Harriett,M Beck
Bern-field Birdsong Bishop Bostick Branch Breedlove Brooks Buck
Byrd
Carrell Carter Chamhless Chance Cheeks Childers
Clark.B
Clark.H Clark.L

Coleman Colwell Connell
Couch
Crawford Crosby Cummings.B Davis.C Davis.G
Davis.M Dixon.H Dixon.S Dobbs Dover
Dunn
Edwards
Ehrhart Fennel Floyd Foster Godbee
Goodwin
Green Greene Gresham Griffin Groover Hamilton
Harris Hasty Heard

Herbert
Holcomb Holland Hooks
Howren
Hudson
Irwin Jackson,J Jackson.W Jamieson Jenkins Jones Kilgore Kingston Lane,D Lane.R
Langford Lawrence Lawson Lee Long Lord Lupton Mangum
Martin McCoy McDonald McKelvey McKinney.B McKinney.C Meadows

Milam Mobley
Moultrie Mueller Oliver.C Orrock Padgett Par ham Parrish Patten Pettit
Pinkston Poag
Porter
Poston Rainey Randall Ransom Ray Reaves
Redding Richardson Ricketson
Robinson
Royal Selman
Simpson Sinkfield Smith.L
Smith.P

Smith.T Smith.W Snow Stancil,F Stancil,S Stanley Steele Stephens
Teper Thomas,M Thompson
Thurmond Titus Tolbert
Townsend Twiggs Vaughan Waddle Walker.C Wall Ware
Watson
Watts White Wilder Williams,B Williams,J
Yates
Yeargin
Murphy.Spkr

Prayer was offered by the Reverend L. Floyd Carmack, Pastor, Trinity United Church, Jonesboro, 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.

2308

JOURNAL OF THE HOUSE,

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

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

HB 1106. By Representatives Williams of the 48th, Lawrence of the 49th, Davis of the 45th, Tolbert of the 58th, Clark of the 55th and others:
A bill to provide that all residents of the DeKalb County School District who are 80 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 DeKalb County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1107. By Representatives Williams of the 48th, Lawrence of the 49th, Davis of the 45th, Clark of the 55th, Williams of the 54th and others:
A bill to provide that all residents of DeKalb County who are 80 years of age or over shall be granted a homestead exemption for the full value of their homes from all ad valorem taxes for county government purposes levied by the Board of Commissioners of DeKalb County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1108. By Representative Colwell of the 4th:
A bill to amend an Act providing a salary for the sheriff of Union County in lieu of the fee system, so as to provide for duties of the sheriff.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1109. By Representatives Brown of the 88th, Ransom of the 90th, Cheeks of the 89th, Padgett of the 86th and Walker of the 85th:
A bill to amend Code Section 33-30-6 of the Official Code of Georgia Anno tated, relating to authority to issue, and required provisions for, certain blan ket accident and sickness insurance policies, so as to require complete reimbursement of all medical expenses incurred by a public school student injured at an athletic event.
Referred to the Committee on Insurance.

HB 1110. By Representatives Snow of the 1st, McCoy of the 1st and Crawford of the 5th:
A bill to amend Code Section 47-3-60 of the Official Code of Georgia Anno tated, relating to eligibility for membership in the Teachers Retirement System of Georgia and transfers to said retirement system from the Employees' Retirement System of Georgia, so as to provide additional authority to transfer from the Employees' Retirement System of Georgia to the Teachers Retirement System of Georgia.
Referred to the Committee on Retirement.

HB 1111. By Representative Kingston of the 125th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to add a new chapter to be known as the "Motor Vehicle Theft and Motor Vehicle Insurance Fraud Reporting Immunity Act".
Referred to the Committee on Insurance.

WEDNESDAY, MARCH 15, 1989

2309

HB 1112. By Representative Colwell of the 4th:
A bill to amend an Act placing the sheriff of Towns County on an annual salary, so as to provide for duties of the sheriff.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1113. By Representative Colwell of the 4th:
A bill to amend an Act creating the office of commissioner of Union County, so as to change the provisions relating to the compensation of the commis sioner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1114. By Representative Clark of the 13th:
A bill to amend Chapter 6 of Title 47 of the Official Code of Georgia Anno tated, relating to the Georgia Legislative Retirement System, so as to author ize creditable service for certain prior service as a member of the General Assembly; to provide an option for retired members who return to service in the General Assembly to return to active membership in the retirement system.
Referred to the Committee on Retirement.

HB 1115. By Representative Colwell of the 4th:
A bill to amend an Act creating the office of commissioner of Towns County, so as to change the provisions relating to the compensation of the commis sioner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1116. By Representative Randall of the 101st:
A bill to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to provide that the clerk of any court receiving fines for violations of such part shall segregate the funds and pay the same to the county or municipal corporation in which the violation occurred.
Referred to the Committee on Special Judiciary.

HB 1117. By Representative Orrock of the 30th:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Anno tated, relating to housing generally, so as to revise and supersede laws deal ing with discrimination in the selling, leasing, and financing of housing to prohibit discrimination based on handicap or familial status.
Referred to the Committee on State Planning & Community Affairs.

HB 1118. By Representative Oliver of the 53rd:
A bill to amend an Act making provisions for the Magistrate Court of DeKalb County, so as to change the provisions relating to the compensation of the chief magistrate and the part-time magistrates.
Referred to the Committee on State Planning & Community Affairs - Local.

2310

JOURNAL OF THE HOUSE,

HB 1119. By Representative Redding of the 50th:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to prohibit any person under 21 years of age from entering a retail package store where distilled spirits are sold except when accompanied by a parent or guardian.
Referred to the Committee on Regulated Beverages.

HB 1120. By Representative Redding of the 50th:
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 sale of distilled spirits, so as to prohibit a licensed retail dealer of distilled spirits from operating or permit ting the operation of a check-cashing center anywhere on the premises of the licensee's place of business.
Referred to the Committee on Regulated Beverages.

HB 1121. By Representative Redding of the 50th:
A bill to amend Code Section 3-4-61 of the Official Code of Georgia Anno tated, relating to the manner of collection of the excise tax on distilled spirits, so as to change the provisions relating to the affixing of tax stamps.
Referred to the Committee on Regulated Beverages.

HB 1123. By Representative Porter of the 119th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide procedures and requirements for the consolidation of city and county governments.
Referred to the Committee on State Planning & Community Affairs.

HB 1124. By Representative Yates of the 75th:
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 for a state policy relative to the acceptance of hazard ous waste from locations outside the state at hazardous waste disposal facili ties located within the state.
Referred to the Committee on Industry.

HB 1125. By Representative Hamilton of the 124th:
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 the abolish ment of the Utility Finance Section of the Public Service Commission; to provide that the staff positions of the Utility Finance Section shall be a part of the staff of the consumers' utility counsel.
Referred to the Committee on Industry.

WEDNESDAY, MARCH 15, 1989

2311

HB 1126. By Representative Hamilton of the 124th:
A bill to amend Chapter 2 of Title 46 of the Official Code of Georgia Anno tated, relating to the Public Service Commission, so as to prohibit, except in special circumstances, ex parte communications between interested persons in contested matters and any member of the commission, a hearing officer, or any other employee who is or may reasonably be expected to be involved in the decisional process of the proceeding.
Referred to the Committee on Industry.
HB 1127. By Representatives Ware of the 77th, Dunn of the 73rd, Groover of the 99th, Lawson of the 9th and Griffin of the 6th:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to provide a uniform definition and application of the term "usual, customary, and reasonable charge" with respect to reimbursements for covered expenses under accident and sickness insurance policies; to provide for the maintenance of records.
Referred to the Committee on Insurance.
HB 1128. By Representatives Ware of the 77th, Dunn of the 73rd, Groover of the 99th, Lawson of the 9th and Griffin of the 6th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide an additional class of insurance; to change capital stock or surplus requirements for the qualification of an original certificate of authority; to change the minimum surplus requirements for insurers when first authorized to transact business in this state.
Referred to the Committee on Insurance.
HB 1129. By Representatives Ware of the 77th, Dunn of the 73rd, Groover of the 99th, Lawson of the 9th and Griffin of the 6th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to revise extensively the provisions relative to fraternal benefit societies.
Referred to the Committee on Insurance.

HB 1130. By Representatives Ware of the 77th, Dunn of the 73rd, Groover of the 99th, Lawson of the 9th and Griffin of the 6th:
A bill to amend Chapter 1 of Title 33 of the Official Code of Georgia Anno tated, relating to general provisions on insurance, so as to provide for defini tions; to provide for conditions under which insurance business may be placed with a property and casualty insurer by a producer which controls such insurer; to prohibit the placement or acceptance of insurance business with certain insurers by a reinsurance intermediary.
Referred to the Committee on Insurance.

HB 1131. By Representatives Dover of the llth, Kilgore of the 42nd and Irwin of the 13th:
A bill to amend Code Section 21-2-211 of the Official Code of Georgia Anno tated, relating to the appointment and compensation of chief registrars and other registrars, so as to change the provisions relating to the per diem compensation or monthly compensation received by the chief registrars and other registrars.
Referred to the Committee on Governmental Affairs.

2312

JOURNAL OF THE HOUSE,

HB 1132. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend Code Section 21-2-139 of the Official Code of Georgia Anno tated, relating to nonpartisan elections for county offices, school boards, and school superintendents, so as to repeal the provisions relating to nonpartisan primaries of candidates to fill county judicial offices and offices of local school boards and school superintendents.
Referred to the Committee on Governmental Affairs.

HB 1133. By Representatives Porter of the 119th, Patten of the 149th, Carter of the 146th and Coleman of the 118th:
A bill to amend Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to rivers and river basins, so as to provide for the protection of river corridors, riverine wetlands, rivers, and streams and the regulation of activities in or adjacent thereto; to provide a short title.
Referred to the Committee on Natural Resources & Environment.

HB 1134. By Representatives Byrd of the 153rd, Coleman of the 118th and Walker of the 115th:
A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Anno tated, relating to state health planning and development, so as to change cer tain provisions relating to definitions and exemptions from the chapter.
Referred to the Committee on Health & Ecology.

HB 1135. By Representative Dunn of the 73rd:
A bill to amend Article 3 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to the examination of witnesses, so as to revise the provisions relating to expert witnesses; to provide for qualifications of expert witnesses in actions for medical malpractice.
Referred to the Committee on Judiciary.

HB 1136. By Representative Dunn of the 73rd:
A bill to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens in general, so as to provide that a lender may not require that a pro vider of closing services agree to a predetermined fee schedule as a condition or prerequisite to approving such provider of closing services to provide such closing services for that lender.
Referred to the Committee on Judiciary.

HR 467. By Representative Randall of the 101st:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide that the proceeds from fines for certain offenses be used exclusively for the removal of barriers to the handicapped in public facilities.
Referred to the Committee on Special Judiciary.

WEDNESDAY, MARCH 15, 1989

2313

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

HB 1101 HB 1102 HB 1103 HB 1104 HB 1105

HB 1122 HR 465 HR 466 SB 405 SB 406

Representative Lane of the 27th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:

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

SB 395 Do Pass SB 398 Do Pass SB 400 Do Pass

SB 404 Do Pass SB 397 Do Pass

Respectfully submitted, /s/ Lane of the 27th
Chairman

By unanimous consent, all Bills and Resolutions of the House and Senate, passed today, as amended or by substitute, were ordered immediately transmitted to the Senate.

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

HOUSE RULES CALENDAR WEDNESDAY, MARCH 15, 1989

Mr. Speaker and Members of the House:

The House Committee on Rules has fixed the calendar for this 40th Legislative Day as enumerated below:

SB 8 SB 230 SB 310 SB 318 SB 319 SB 347 SB 363 SB 368 SB 371 SB 372

Absentee Ballot: Certain Persons Make Application for Elector Architecture: Amend Provisions (Rec.) Telecommunication: Hearing/Speech Impaired Persons: Cert. Service Medical Examiners: Embalm Body Before Releasing Medical Examiners: Certain Examinations: Fees Motor Vehicles: Chemical Tests: Serious Traffic Accident Atlanta: Traffic Court: Funds for Constructing Jails School Discipline Hearings: Open Meetings and Records Provisions Juveniles: Detention Proceedings Courts: Chief Magistrates: Minimum Compensation

SR 27 Insurance Agents: Unfair Termination SR 35 Joel Cowan Parkway: Designate

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

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

2314

JOURNAL OF THE HOUSE,

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

SB 395. By Senators Barnes of the 33rd, Ragan of the 32nd, Newbill of the 56th and others:
A bill to amend an Act entitled the "Cobb County Community Improvement Districts Act," as amended, so as to change certain definitions of terms used in such Act; to change the provisions relating to creation of one or more com munity improvement districts and the practices, procedures, and require ments related thereto.

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

SB 398. By Senators Clay of the 37th, Ragan of the 32nd and Barnes of the 33rd:
A bill to amend an Act reincorporating the City of Marietta, as amended, so as to change the qualifications of the mayor and councilmen; to provide for compensation of the mayor pro tern.; to change the provisions relating to membership of the board of lights and waterworks.

The report of the Committee, which was favorable to the passage of the Bill, was 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 400. By Senator Barnes of the 33rd:
A bill to authorize Cobb County to have and be authorized to exercise all redevelopment and other powers authorized or granted counties pursuant to the "Redevelopment Powers Law," as now or hereafter amended, and provide for certain such powers; to provide for a referendum.

The report of the Committee, which was favorable to the passage of the Bill, was 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 404. By Senator Barnes of the 33rd:
A bill to amend an Act to authorize the establishment of a civil service system in Cobb County for persons receiving salary and wages in whole or in part from Cobb County, as amended, so as to change the provisions relat ing to classified and unclassified positions.

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

WEDNESDAY, MARCH 15, 1989

2315

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

SB 397. By Senator Foster of the 50th:
A bill to amend an Act placing the sheriff of Dawson County upon an annual salary, as amended, so as to change the compensation of the sheriff; to pro vide 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 House:

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.

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 mem bers of the board of commissioners and the chairman of said board.

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.

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.

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 emer gency telephone number "911" systems among subscribers.

2316

JOURNAL OF THE HOUSE,

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.
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.
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 Bartow County upon an annual salary, so as to change the provisions relating to the compensation of the sheriff, clerk of the superior court, and judge of the pro bate court.

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 magis trate of the Magistrate Court of Bartow County, so as to change the compen sation of the chief magistrate and the provisions related thereto.

HB 993. By Representative Branch of the 137th:
A bill to amend an Act entitled "an Act to amend an Act to incorporate the City of Fitzgerald, and establishing a new charter therefor," so as to change the provisions relating to the election and terms of the mayor.

HB 994. By Representative Rainey of the 135th:
A bill to amend an Act providing a new charter for the City of Unadilla, so as to change the corporate limits of the city; to provide that no individual or corporation doing business in the newly annexed area shall be required to pay a business or occupation tax or obtain any license or permit during the calendar year 1989.

HB 1010.

By Representatives Johnson of the 123rd, Mueller of the 126th, Alien of the 127th, Hamilton of the 124th and Pannell of the 122nd:
A bill to amend an Act creating a new charter for the Town of Thunderbolt, so as to change the corporate limits of the town.

HB 1017. By Representative Heard of the 43rd:
A bill to amend an Act repealing and replacing the charter of the Town of Tyrone, so as to provide that candidates for the offices of mayor and councilmember shall have been a resident of such town for two years and shall be at least 21 years of age at the time of the election for such office.

HB 1027. By Representatives Padgett of the 86th, Brown of the 88th, Ransom of the 90th, Connell of the 87th and Cheeks of the 89th:
A bill to amend an Act creating a merit system of employment and personnel administration for employees of the sheriff in Richmond County and creating the Richmond County Sheriffs Merit System Board, so as to provide that the members of the board shall receive compensation for their services as members of the board.

WEDNESDAY, MARCH 15, 1989

2317

HB 1039. By Representative Mueller of the 126th:
A bill to amend an Act creating the Board of Commissioners of Bryan County, so as to change the provisions relating to the compensation of the chairman, vice-chairman, and other members of the board of commissioners.

HB 1041.

By Representative Heard of the 43rd:
A bill to amend an Act abolishing the fee system of compensation for the judge of the Probate Court of Fayette County, so as to change the provisions relative to the compensation of the judge of the probate court.

HB 1042.

By Representative Heard of the 43rd:
A bill to amend an Act abolishing the fee system of compensation for the clerk of the Superior Court of Fayette County, so as to change the provisions relative to the compensation of the clerk of the superior court.

HB 1043. By Representative Heard of the 43rd:
A bill to amend an Act creating the office of tax commissioner of Fayette County, so as to change the provisions relative to the compensation of the tax commissioner.
HB 1044. By Representative Heard of the 43rd:
A bill to amend an Act abolishing the fee system of compensation for the sheriff of Fayette County, so as to change the provisions relative to the compensation of the sheriff.

HB 1046.

By Representatives Walker of the 85th, Padgett of the 86th, Cheeks of the 89th, Brown of the 88th and Connell of the 87th:
A bill to amend an Act regulating public instruction in Richmond County, so as to change the compensation of the members and officers of the Board of Education of Richmond County.

HB 1056.

By Representatives Foster of the 6th, Griffin of the 6th and Poag of the 3rd:
A bill to amend an Act incorporating the City of Dalton, so as to provide for hearings and investigations by the governing body of the City of Dalton and the City of Dalton Public Safety Commission.

HB 1057. 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 method of selection of the members of the board.

HB 1058. By Representative Greene of the 130th:
A bill to amend an Act providing a new chartei LOT the City of Cuthbert, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen.

HB 1059.

By Representatives Stephens of the 68th, Irwin of the 13th, Thurmond of the 67th and Clark of the 13th:
A bill to amend an Act to create the Classic Center Authority for Clarke County, so as to change certain provisions relative to the membership of the authority.

2318

JOURNAL OF THE HOUSE,

HB 1060. By Representatives Walker of the 115th, Watson of the 114th and Waddle of the 113th:
A bill to repeal an Act providing for the registration and licensing of vehicles in Houston County during designated registration periods.

HB 1061.

By Representatives Watson of the 114th, Walker of the 115th and Waddle of the 113th:
A bill to authorize the board of commissioners of Houston County to supple ment the salaries of the state probation officers and other probation per sonnel of the Houston Judicial Circuit.

HB 1062. By Representatives Goodwin of the 63rd and Breedlove of the 60th:
A bill to amend an Act creating a new charter for the City of Norcross, so as to provide for staggered terms of office for members of the city council.

HB 1063. By Representative Ray of the 98th:
A bill to amend an Act creating the board of commissioners for Peach County, so as to change the compensation of the board.

HB 1064.

By Representatives Barnett of the 59th, Breedlove of the 60th, Bannister of the 62nd, Wall of the 61st and Mobley of the 64th:
A bill to amend an Act creating the Recorder's Court of Gwinnett County, so as to change the compensation of the judges of the recorder's court.

HB 1065.

By Representatives Barnett of the 59th, Breedlove of the 60th, Bannister of the 62nd, Wall of the 61st and Mobley of the 64th:
A bill to amend an Act to continue and re-create the State Court of Gwinnett County, so as to change the compensation of the judges of the state court.

HB 1066.

By Representatives Barnett of the 59th, Breedlove of the 60th, Bannister of the 62nd, Wall of the 61st and Mobley of the 64th:
A bill to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, so as to change the provisions relating to the supplement of the salary of each of the judges of the Superior Court of the Gwinnett Judicial Circuit.

HB 1067. By Representatives Barnett of the 59th, Bannister of the 62nd, Breedlove of the 60th, Wall of the 61st and Mobley of the 64th:
A bill to provide for the compensation of the judge of the Juvenile Court of Gwinnett County.

HB 1068. By Representatives Barnett of the 59th, Bannister of the 62nd, Breedlove of the 60th, Wall of the 61st, Lawson of the 9th and others:
A bill to repeal an Act providing that the governing authority of Gwinnett County shall determine and establish the total annual compensation to be paid to the judge of the probate court, the clerk of the superior court, the sheriff, and the tax commissioner of Gwinnett County.

WEDNESDAY, MARCH 15, 1989

2319

HB 1075.

By Representatives Padgett of the 86th, Connell of the 87th, Walker of the 85th and Cheeks of the 89th:
A bill 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 CommissionCouncil and the members of the board of commissioners as commissionerscouncilpersons, so as to change the title of the chairman and chairman-mayor; to increase the board of commissioners to 16 members.

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.

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 trans fers 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.

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 Anno tated, 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 consider ations in connection with the use of any project or part thereof or combi nation thereof.

HB 510. By Representative Dunn of the 73rd:
A bill to amend Code Section 33-1-2 of the Official Code of Georgia Anno tated, relating to definitions affecting insurance, so as to provide for forms of security deposits that shall be acceptable for possession by the Commis sioner of Insurance.

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 cer tain provisions regarding the certification of political party candidates.

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.

2320

JOURNAL OF THE HOUSE,

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.
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.
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 confine ment, 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.
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.
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 Anno tated, relating to alimony and child support generally, so as to define "dependent child"; to provide that when a court orders temporary or perma nent child support for a minor child such support shall continue 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.
HB 611. By Representative Holmes of the 28th:
A bill to amend Code Section 45-18-36 of the Official Code of Georgia Anno tated, relating to salary deductions to be instituted by payroll departments at request of employees, so as to provide for confidentiality of individual account records.
HB 612. By Representative Dixon of the 151st:
A bill to amend Chapter 6 of Title 52 of the Official Code of Georgia Anno tated, 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.

WEDNESDAY, MARCH 15, 1989

2321

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 Anno tated, 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.

HB 692. By Representative Reaves of the 147th:
A bill to amend Code Section 41-1-7 of the Official Code of Georgia Anno tated, relating to treatment of agricultural facilities and operations as nui sances, so as to change the definition of the term "agricultural facility".

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.

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 Anno tated, relating to commercial fertilizers, liming materials, and soil amend ments, 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 enforce ment; to provide for the licensing of distributors of fertilizers, plant foods, and plant nutrients.

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 Anno tated, relating to informed consent for medical treatment, so as to change the period within which consent must be obtained.

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.

HB 833. By Representative Watson of the 114th:
A bill to amend Chapter 9 of Title 25 of the Official Code of Georgia Anno tated, relating to blasting or excavating near underground gas pipes and util ity facilities, so as to change certain provisions relating to prerequisites to blasting or excavating.

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 Anno tated, relating to rates for legal advertisements, so as to change the rates for legal advertisements.

2322

JOURNAL OF THE HOUSE,

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 Anno tated, 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.

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

HR 105. By Representative Heard of the 43rd: A resolution designating the Floy Farr Parkway.

HR 165. By Representative Dover of the llth:
A resolution authorizing the conveyance of certain state owned real property located in White County, Georgia.

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.

HR 316. By Representatives Thomas of the 69th and Jackson of the 9th: A resolution creating the Joint Title 40 Study Committee.

HR 405. By Representatives Goodwin of the 63rd, Mobley of the 64th, Breedlove of the 60th, Lawson of the 9th, Wall of the 61st and others:
A resolution creating the Gwinnett County Government Study Commission.

The Senate has agreed to the House substitutes to the following Bills of the Senate:

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.

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.

WEDNESDAY, MARCH 15, 1989

2323

SB 277. By Senator Albert of the 23rd:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Anno tated, relating to local authorization and regulation of sales of alcoholic beverages, so as to provide that the governing authorities of certain counties and municipalities may authorize the sale of alcoholic beverages during cer tain 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 Anno tated, relating to the conduct of hearings in the juvenile courts generally and the conduct of delinquency proceedings, so as to change the provisions relat ing 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 314. By Senator Brannon of the 51st:
A bill to provide a new charter for the City of Blue Ridge in Fannin County; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, elec tion, terms, method of filling vacancies, compensation, qualifications, prohibi tions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations.

SB 329. By Senator Peevy of the 48th:
A bill to amend Code Section 9-2-61 of the Official Code of Georgia Anno tated, relating to renewal of a civil action after dismissal, so as to provide that before a plaintiff institutes a previously dismissed civil action, such plaintiff shall first pay the court costs of the action that such plaintiff previ ously dismissed.

SB 360. By Senators English of the 21st and Kidd of the 25th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change the definition of certain terms.

The Senate has adopted the report of the second Committee of Conference on the following Bill of the Senate:

SB 257. By Senator Garner of the 30th:
A bill to amend Code Section 42-10-4 of the Official Code of Georgia Anno tated, relating to the powers of the Georgia Correctional Industries Adminis tration, so as to change such powers with regard to capital projects; to clarify and restate its powers with regard to earnings, vocational training, and other wise; to ratify and approve existing facilities and a warehouse under con struction.

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

2324

JOURNAL OF THE HOUSE,

SB 297. By Senator Allgood of the 22nd:
A bill to amend Code Section 50-18-72 of the Official Code of Georgia Anno tated, 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 Gen eral Assembly by certain offices.
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.

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 Anno tated, 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.

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 Anno tated, relating to the certification, classification, and regulation of profes sional personnel employed in the public schools of this state, so as to provide an exemption from the requirement of an assessment to demonstrate satis factory on-the-job performance for certain teachers.

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 Anno tated, relating to the establishment and maintenance of limited-access roads, so as to provide that the consent of a municipality is not necessary for cer tain limited-access roads which are constructed in whole or as a part of a tollway project.

The Senate has agreed to the House amendments to the following Bills of the Senate:

SB 323. By Senator Coverdell of the 40th:
A bill to amend Code Section 36-30-3 of the Official Code of Georgia Anno tated, relating to the prohibition of councils binding future councils, so as to change the provisions relating to governing authorities of municipal corpora tions having a population of not less than 400,000.

SB 350. By Senator Kidd of the 25th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to provide that certain children or youth in the physical custody of the Depart ment of Corrections or the Department of Human Resources shall not be eli gible for enrollment in the educational programs of the local unit of administration of the school district where the child or youth is being held.

WEDNESDAY, MARCH 15, 1989

2325

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

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.

The Senate has agreed to the House substitute to the Senate substitute to the follow ing Bill of the House:

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 Senate recedes from its amendment to the following Bill of 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 Anno tated, 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 Senate recedes from its substitute to the following Bill of the House:

HB 679. By Representative Adams of the 79th:
A bill to amend Code Section 13-10-1 of the Official Code of Georgia Anno tated, 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.

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

HR 505. By Representatives Murphy of the 18th and Lee of the 72nd:
A resolution commending William (Billy) Porter Payne and inviting him to appear before the House of Representatives.

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:

2326

JOURNAL OF THE HOUSE,

HR 505 Do Pass

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

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

SB 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 applica tion for an absentee ballot on behalf of an elector residing temporarily out of the county or a physically disabled elector residing within the county.

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

Y Aaron Abernathy
Y Adams Y Aiken
Alford Alien Y Athon
Y Atkins Bailey Baker Balkcom 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
Buford Byrd Y Carrell Y Carter Y Chambless Y Chance 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
Dixon.H Y Dixon.S
Dobbs Y Dover
YDunn Edwards
N Ehrhart Y Felton Y Fennel
Y Floyd Y Foster
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
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 N Lawrence Y Lawson YLee
Linder Long 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
Morton
Y Moultrie N Mueller Y Oliver.C Y Oliver.M
Orr Y Orrock
Y Padgett Pannell Parham Parrish
Y Patten Y Pettit
Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson
Robinson Y Royal
Selman Simpson

Y Sinkfield
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
Thomas.C Thomas.M Thompson Y Thurmond Y Titus N Tolbert
Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C
Walker.L Y Wall
Ware Watson Y Watts White Y Wilder Y Williams.B Williams,J Yates Yeargin Murphy ,Spkr

On the passage of the Bill, the ayes were 127, nays 4. The Bill, having received the requisite constitutional majority, was passed.

SB 310. By Senators Howard of the 42nd and Langford of the 35th:
A bill to amend Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service, so as to authorize the Public Service Commission to establish, administer, and promote a state wide dual party telephone relay system for the utilization of telecommunication services by hearing impaired persons, speech impaired persons, and persons who are similarly impaired.

WEDNESDAY, MARCH 15, 1989

2327

The report of the Committee, which was favorable to the passage of 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 Bailey 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 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 Coleman Y Colwell Y Connell Y Couch
Con Y Crawford Y Crosby Y Cummings.B
Cummings.M Y Davis.C Y Davis.G Y Davis,M
Duton.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 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 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
Linder
YLong Lord
Y Lucas
Y Lupton Y Mangum
Martin Y McCoy
McDonald Y McKelvey
McKinney.B

Y McKinney.C Meadows Milam
Y Mobley Y Moody Y Moore
Morton Moultrie Y Mueller Y Oliver.C Y Oliver.M Orr Y Orrock
Y Padgett Pannell Par ham Parrish
Y Patten Y Pettit
Pinkston YPoag Y Porter Y Poston
Powell Rainey Y Randall Y Hansom YRay Y Reaves Redding Y Richardson Y Ricketson Robinson Y Royal Selman Simpson

Y Sinkfield 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 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
White Wilder Y Williams.B Williams,J Y Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 131, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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

SB 318. By Senator Garner of the 30th:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to post-mortem examinations, so as to authorize a medical examiner to have a body embalmed to avoid the threat of infec tious disease prior to release of the body to the next of kin; to authorize a coroner, medical examiner, or peace officer to take anatomical specimens and to test or examine specimens or articles as may be necessary or useful in determining cause of death.

The report 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 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:

2328

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 Anno tated, 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 Commis sion 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 following Senate substitute was read:

A BILL
To amend Chapter 11 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Youth Conservation Corps Act," so as to change references to the State Board of Postsecondary Vocational Education to the State Board or the Department of Technical and Adult Education; to amend Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to program weights reflecting payment of salaries and bene fits, so as to provide that program weights for kindergarten, primary, and middle grades shall reflect sufficient funds to pay the beginning salaries of guidance counselors; to amend Code Section 20-2-210 of the Official Code of Georgia Annotated, relating to annual per formance evaluations and development of state-wide uniform annual evaluation instru ment, so as to provide that increment increases above the minimum salary base shall be contingent upon the completion of the state-wide uniform annual evaluation instrument; to amend Code Section 20-2-320 of the Official Code of Georgia Annotated, relating to the Quality Basic Education Program task force, so as to change references to the State Board of Postsecondary Vocational Education to the State Board or the Department of Technical and Adult Education; to change certain references to postsecondary vocational-technical schools; to amend Code Section 49-5-161 of the Official Code of Georgia Annotated, relat ing to the Commission on Children and Youth, so as to change a reference to the State Board of Postsecondary Vocational Education to the State Board of Technical and Adult Education and change a reference to the executive director of that board; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Youth Conservation Corps Act," is amended by striking Code Section 12-11-10, relating to job training and placement services, in its entirety and inserting in lieu thereof a new Code Section 12-11-10 to read as follows:
"12-11-10. Whenever available and appropriate, job training and placement services and education opportunities provided through other federal, state, and local programs such as through the Department of Education, the Department of Labor, the State Bea*d Department of Postsccondary Vocational Education Technical and Adult Edu cation, and the Board of Regents of the University System of Georgia shall be coordi nated with projects and programs developed under this chapter to assist eligible corps members. Coordinated services may include, but are not limited to, remedial and postsecondary education, job placement assistance, adult literacy training, job search skills, and job application skills. Whenever possible, eligible corps members without a high school diploma shall receive coordinated services that provide an opportunity to obtain an equivalent high school diploma."
Section 2. Said chapter is further amended by striking paragraph (3) of subsection (a) of Code Section 12-11-11, relating to the Conservation Corps Advisory Council, in its entirety and substituting in lieu thereof a new paragraph (3) to read as follows:
"(3) The chairman of the State Board of Poataccondary Vocational Education Tech nical and Adult Education;"

WEDNESDAY, MARCH 15, 1989

2329

Section 3. Code Section 20-2-182 of the Official Code of Georgia Annotated, relat ing to program weights reflecting payment of salaries and benefits, is amended by striking subsection (c) in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) The program weights for the primary and middle grades programs, when multi plied by the base amount, shall reflect sufficient funds to pay at least the beginning sal aries of specialists qualified to teach art, music, and physical education; subject to appropriations by the General Assembly. The primary weights for the kindergarten, pri mary, and middle grades programs, when multiplied by the base amount, shall also reflect sufficient funds to pay the beginning salaries of guidance counselors needed to provide essential guidance services at ratios equal to those provided to the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151, beginning with any program weights in effect on or after July 1^ 1991. Program weights calculated and in effect for the kindergarten, primary, and middle grades pro grams, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of guidance counselors needed to provide essential guidance services at a ratio at least equal to one counselor per every 1,000 full-time equivalent students in these programs, beginning with any program weights in effect on or after July 1^ 1990. Funding for counselors for the kindergarten, primary, and middle grades programs may be funded outside of the program weights until such weight changes are effective, subject to appropriation by the General Assembly. The State Board of Education shall adopt explicit job descriptions to be used state wide for all counselors no later than July If 1989, which must specify that the responsibility of counselors is to counsel students and to assist other personnel in providing effective services to students and must as a minimum contain the following: descriptions of the roles and responsibilities of coun selors; clear definitions of the ethical and legal responsibilities of counselors; clear state ments requiring counselors to be accessible to both students and parents; and a clarification that all administrative, clerical, and attendance duties not directly and immediately related to the counseling of students be eliminated as counselor responsi bilities."
Section 4. Code Section 20-2-210 of the Official Code of Georgia Annotated, relat ing to annual performance evaluations and development of a state-wide uniform annual evaluation instrument, is amended by designating the present language of said Code section as subsection (a) and by adding at the end thereof a new subsection (b) to read as follows:
"(b) Increment increases above the minimum salary base of each classification based upon individual experience and length of satisfactory service as provided in Code Section 20-2-212 shall be contingent upon the successful completion of the state-wide uniform annual evaluation instrument beginning July 1, 1990."
Section 5. Code Section 20-2-320 of the Official Code of Georgia Annotated, relat ing to the Quality Basic Education Program task force, is amended by striking subsections (a) through (d) in their entirety and substituting in lieu thereof new subsections (a) through (d) to read as follows:
"(a) The Governor shall appoint a task force composed of representatives from the Department of Education, the State Beawl Department of Postaccondary Vocational Education Technical and Adult Education, the Office of the Governor, the Office of Planning and Budget, the Department of Audits, the Department of Administrative Services, local school systems, the Professional Standards Commission, the House Research Office, the Senate Research Office, and the Legislative Budget Office to iden tify the specific data required to implement the Quality Basic Education Program on a fiscally sound basis and the data required to evaluate the effectiveness of the various components of public education in Georgia. The task force is directed to identify any other data which will be required from local units of administration, public libraries, and area postsecondary ai-ea vocational-technical schools for the implementation of this arti cle and to design a state-wide comprehensive educational information network which will provide for the accurate and timely flow of information from these agencies to the state.

2330

JOURNAL OF THE HOUSE,

The State Board of Education shall adopt an operational plan and data specifications for the network. Data shall include, at minimum, items specifically identified for profiles required pursuant to subsection (d) of Code Section 20-2-282. The task force shall adopt a statement recommending data which would, at minimum, be regularly collected for storage at the state network host facility and data which would be stored at local units of administration or at public schools. Data which are not normally stored by the net work host shall be maintained in a manner which can be readily transmitted by elec tronic medium upon request from authorized educational agencies. The task force shall adopt a statement recommending the frequency by which each data component is trans mitted. Such data shall be transmitted by electronic medium no later than the comple tion date of the network as provided in subsection (f) of this Code section.
(b) The State Board of Education shall develop and maintain an individual data record for each student enrolled in the public schools of the state. The State Board of Poatsccondary Vocational Education Technical and Adult Education shall develop and maintain an individual data record for each student enrolled in the postsecondary voca tional vocational-technical schools of the state. The task force shall adopt a statement recommending the specific data to be included and recommending those elements of the individual student record which are to be normally stored at the state, local unit of administration, or school level. Specifications for adequate security of student data shall be recommended by the task force, and the State Board of Education and the State Board of Postsccondary Vocational Education Technical and Adult Education shall adopt and maintain systems of adequate security for individual student information. No student shall be identifiable by name in that portion of the record stored at the state level, and any identification number shall be encoded to prevent unauthorized use of a student's information; provided, however, that full-time equivalent student data col lected pursuant to Code Section 20-2-160 shall be identifiable for audit purposes in sep arate files.
(c) For the purpose of this article, authorized educational agencies shall be the Department of Education; the Professional Standards Commission; the Board of Regents of the University System of Georgia; the State Board Department of Postsecondary Vocational Education Technical and Adult Education; and the educational policy and research components of the office of the Governor, the Office of Planning and Budget, the Legislative Budget Office, the House Research Office, and the Senate Research Office. Any information collected over the state-wide comprehensive educational information network, including individual student record and individual personnel record information retrieved by the Department of Education or Board Department of Postsccondary Vocational Education Technical and Adult Education, shall be accessible by authorized educational agencies; ; provided; that any information which is planned for collection over the network but which is temporarily being collected by other means shall also be accessible by authorized educational agencies; and provided, further, that adequate security provisions are employed to protect the privacy of individuals. In no case shall information be released by an authorized educational agency which would vio late the privacy rights of any individual student or employee. The task force shall develop and adopt recommendations for procedures by which live data files resident on the network host shall be copied to other files and regularly updated for use by author ized educational agencies. The Department of Education and the State Board Depart ment of Postaccondary Vocational Education Technical and Adult Education shall adopt and implement procedures and schedules for updating such user files and shall provide warning labels where necessary to indicate data which are incomplete or unverified for accuracy. The Department of Education and the State Board Department of Postsccondary Vocational Education Technical and Adult Education shall adopt monitoring, editing, and verifying mechanisms necessary to assure the accuracy and completeness of data. Any information collected over the state-wide comprehensive educational information network which is not stored in an individual student or per
sonnel record format shall be made available to the Governor and the House and Senate
Appropriations and Education committees, except information otherwise prohibited by
statute. Data which are included in an individual student record or individual personnel

WEDNESDAY, MARCH 15, 1989

2331

record format shall be extracted from such records and made available in nonindividual record format for use by the Governor, committees of the General Assembly, and agen cies other than authorized educational agencies.
(d) The task force shall further develop specifications for hardware and software acquisition for administrative uses. Such specifications shall be followed by the State Board of Education, the State Board of Postsccondary Vocational Education Technical and Adult Education, local units of administration, public libraries, and area postsecondary taea vocational-technical schools. In local school systems, specific hardware and software shall be designated for use at the school level and shall be considered components of the fully completed network, subject to appropriation by the General Assembly for this purpose. It is declared to be the intent of this Code section that hardware and software used in the state-wide comprehensive educational informa tion network comprise a level of uniformity sufficient to enable unimpeded flow of data. The state board shall request sufficient funds annually for the development, operation, training of appropriate personnel, and maintenance of the network, including any fund ing needed for hardware and software for the Department of Education, the State Board Department of Poatsccondary Vocational Education Technical and Adult Education, local units of administration, public schools, public libraries, and area postsecondary area vocational-technical schools."
Section 6. Code Section 49-5-161 of the Official Code of Georgia Annotated, relat ing to the Commission on Children and Youth, is amended by striking paragraph (2) of subsection (a) in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows:
"(2) Twenty-five ex officio members. Ex officio members shall consist of a Justice from the Supreme Court, a Judge of the Court of Appeals, a representative of The Council of Superior Court Judges, a representative of The Council of State Court Judges, and a representative of the Council of Juvenile Court Judges, each appointed by the Governor; and the chancellor of the board of regents, the State School Super intendent, the executive director commissioner of the State Beard ef Postsccondary Vocational Education Technical and Adult Education, the commissioner of the Depart ment of Medical Assistance, the Commissioner of the Department of Labor, the commis sioner of the Department of Human Resources, the commissioner of the Department of Corrections, the director of the Office of Planning and Budget, the chairman of the Senate Education Committee, the chairman of the House of Representatives Education Committee, the chairman of the Senate Appropriations Committee, the chairman of the House of Representatives Appropriations Committee, the chairman of the Senate Chil dren and Youth Committee, the chairman of the Senate Human Resources Committee, the chairman of the House of Representatives Health and Ecology Committee, the chair man of the House of Representatives Children and Youth Subcommittee of the Health and Ecology Committee, the chairman of the Senate Judiciary Committee, the chairman of the House of Representatives Judiciary Committee, the chairman of the Senate Bank ing and Finance Committee, and the chairman of the House of Representatives Banks and Banking Committee. Ex officio members shall not have the authority to vote on the administration of grants or grant requests or on such other issues prohibited by law or as set forth in the commission's bylaws."
Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

Representative Moore of the 139th moved that the House disagree to the Senate sub stitute to HB 628.
The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

2332

JOURNAL OF THE HOUSE,

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.

Representative Mangum of the 57th moved that the House adhere to its position in amending SB 240 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 Poston of the 2nd, Mangum of the 57th and Moore of the 139th.

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 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 Anno tated, 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.

Representative Ware of the 77th moved that the House insist on its position in disagreeing to the Senate amendment to HB 178 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Ware of the 77th, Dunn of the 73rd and Ricketson of the 82nd.

The following Resolution of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House amendment thereto:

SR 176. By Senators Dean of the 31st, Olmstead of the 26th, Harris of the 27th and others:
A resolution creating the Commission to Establish the City of Macon as the Permanent Site of the Georgia Music Hall of Fame.

Representative Pinkston of the 100th moved that the House insist on its position in amending SR 176.
The motion prevailed.

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

WEDNESDAY, MARCH 15, 1989

2333

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 Anno tated, 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 following Senate amendments were read:

Senate Amendment No. 1
Amend HB 599 on page 1, line 23, by adding after the word "notice" the following:
"; except where a vacancy has been created by death, resignation or removal from office, in which case notice shall be given within 10 days of the creation of the vacancy".

Senate Amendment No. 2
Amend HB 599 by adding on Page 2, line 3 after the word "appointment", the follow ing:
", except, where a vacancy has been created by death, resignation or removal, notice shall be published once a week for two weeks during a period not sooner than 10 days prior to the election, selection, or appointment."

Representative Floyd of the 154th moved that the House agree to the Senate amend ments to HB 599.
On the motion, 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 Y Bailey
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 Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark.B

Y Clark.H Y Clark,L
Colbert
Y Coleman Y Colwell Y Connell
Couch Cox Y Crawtord Y Crosby Y Cummings.B
Y Cummings.M Y Davis.C Y Davis.G Y Davis,M Y Diion.H Y Diion,S
Y Dobbs Y Dover
Y Dunn Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd Y Foster
God bee 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
Holland Y Holmes Y Hooks
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
Lucas
Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B

Y McKinney.C Y Meadows YMilam Y Mobley
Moody Y Moore Y Morton
Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell YParham
Parrish
Y Patten Y Pettit
Pinkston
Poag Y Porter
Y Poston Y Powell Y Rainey YRandall Y Ransom YRay Y Reaves Y Redding
Richardson Y Ricketson Y Robinson Y Royal
Selman
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 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
Y White Y Wilder Y Williams.B
Williams,J Y Yates Y Yeargin
Murphy ,Spkr

2334

JOURNAL OF THE HOUSE,

On the motion, the ayes were 148, nays 0. The motion prevailed.

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

HB 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 govern ment; to provide for statements of legislative intent and public purpose.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 215

The Committee of Conference on HB 215 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 215 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Roy E. Barnes
Senator, 33rd District
/s/ Nathan Dean Senator, 31st District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Denmark Groover, Jr. Representative, 99th District
/s/ Dick Lane Representative, 27th District

/s/ Culver Kidd Senator, 25th District

/s/ Bobby Lawson Representative, 9th District

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 legis lative 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 provide for other matters relative to the Governor's Development Coun cil; 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 provide for other matters relative to the department, the commissioner, and the board; to amend Arti cle 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 develop ment centers; to provide for membership, dues, powers, duties, functions, and responsibili ties of regional development centers; to provide for the succession of area planning and

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development commissions by regional development centers; to provide for other matters relative to 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, participation in regional development centers, and participation in compiling information; 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 standards and procedures 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 commis sions and change such references to regional development centers; to make editorial revi sions; 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, relat ing 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 arti cle 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 Gover nor. 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 commissioner of corrections, 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 three 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

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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 coordi nation 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 sub divisions 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 neces sary 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 Anno tated, relating to the Department of Community Affairs, is amended by striking Code Sec tions 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 24; 1988 July l^ 1989, shall continue to exist as a department of the executive branch of state government in accordance with this arti cle. From and after February 24; 1988 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: ft)--^Area planning commission' means tony area planning tts4 development
commission or any metropolitan area planning and development commission created in accordance with this chapter.
(2) (1) 'Board' means the Board of Community Affairs. (3) (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 proce dures for preparation of comprehensive plans and for implementation of compre hensive plans, established by the department in accordance with this article. (4) 'Conflict' means any conflict, dispute, or inconsistency arising:

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(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 regions, as proposed, pre pared, 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 municipal ities, 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) 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 developments of regional impact, as defined by the department pursuant to this article. H) (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 in the perfor mance of local government services. {6} (8) 'County' means any county of this state. f?) (9) 'Department' means the Department of Community Affairs.
{8) (10) 'Eligible recipient' means any local government, school district, or other government entity which may be eligible to receive funds from the department pur suant to terms for eligibility established by the department or those established by the government or other source which makes the funds available to the department.
(9) (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.
(40) (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 Con stitution 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.
444) (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.
(43} (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

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and procedures shall include any elements, standards, and procedures for such pur poses 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.
(i3) (16) 'Municipality' means any municipal corporation of the state and any con solidated city-county government of the state.
414} (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; (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.
416) (21) 'Rural area' means any nonurban area in the state as defined in rules and regulations of the department.
4K>) (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, environ ment, and vital areas of the state are also of vital importance to the state and its citi zens. 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 in by developing, promoting, sustaining, and assisting local governmentSj by developing, promoting, and establishing standards and procedures for coordinated and comprehensive planning, by assisting local govern ments 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;

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(3) Act as the state's principal department for local government affairs and local government services generally and for programs, functions, and studies in local govern ment affairs and local government services and act as the coordinator on the state government level for such programs, studies, and functions provided by the depart ment 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 perfor mance 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, com merce, industry, and employment opportunities; the provision of transportation sys tems; and the promotion of housing supply; and
46) (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 February 24; 1988, shaH continue te exist m accordance with this article July 1^ 1989, shall be abolished effective July lj 1989, and the Board of Community Affairs, from and after July lj 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:
continue to serve the respective terms tor wtiicn tney were &ppointed find until their respective successors ere appointed and qualified. Thereafter the Governor shaH

(1) The terms of all members of the Board of Community Affairs serving immedi ately prior to July !> 1989, shall expire effective July 1^ 1989. The Governor shall appoint the initial members of the board for terms beginning on July j^ 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 congres sional district in the state and five additional members from the state at large. T-he mem uersnip snctii include, frt &ll times^ five memDCPS wno &re elected oliiciftls ~ot

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 Associa tion 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 infir mity 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 para graph (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;

procedure shaM apply: {A)--If the former member was appointed from a congressional district, the
Governor snaH appoint a new member from the same congressional district;
shftH appoint a new member from the state at large; and (C) If the fermef member was appointed as an elected official ef a municipality
is eithe* an elected official ef a municipality e* a county, as the ease may bet 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 lj 1989, shall continue cease to serve the respective terms for which they were elected^ effective July lj 1989; and until their respective successors are elected and qualified; (2) Thereafter the members of the board shall elect a chairman, a vice chairman, and a secretary from among the members of the board; (3) The board shall elect officers at each May meeting or, if there is no May meet ing, at the next monthly meeting; and (4) Officers shall serve for a term of one year, beginning with their election and qualification and ending with the election and qualification of their respective succes sors; and 7 (5) No person shall hold the same office on the board for more than one term con secutively. (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 addi tional 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.

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(f) The board shall determine and establish, from time to time, the territorial bound aries 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 ratify ing 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 34^ 1988 July I, 1989, shall continue to exist in accord ance 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^ 1088 July 1^ 1989, shall continue to serve as commissioner at the pleasure of the board. Thereafter the commis sioner shall be appointed by the board and shall serve at the pleasure of the board. The board shall establish the compensation for the commissioner limited by any amount that may be specified in the appropriations Act.
(b) The commissioner shall have and may exercise the following power and author ity:
(1) The power and authority to take or cause to be taken any or all action neces sary to perform any local government services or otherwise necessary to perform any duties, responsibilities, or functions which the department is authorized by law to per form or to exercise any power or authority which the department is authorized by law to exercise;
(2) The power and authority to make, promulgate, enforce, or otherwise require compliance with any and all rules, regulations, procedures, or directives necessary to perform any local government services2 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^ 1088 July 1^ 1989, shall continue to exist in accord ance with this article. Thereafter, divisions, sections, and offices shall be abolished, reor ganized, 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 depart ment shall undertake and carry out such planning and technical assistance activities as the board or the commissioner may deem necessary for performing local government services and as may be specified by law. Such planning and technical assistance activi ties may include, but shall not be limited to, the following:
(1) The department may provide technical assistance to local governments. This assistance may be directed to any and all activities of local government including, but

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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 coordi nated and comprehensive planning. This assistance may also include long-range plan ning relevant to one or more local governments to identify the needs of such local 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 avail ability of single-family, multifamily, and other types of housing units, the anticipated changes in such availability, the potential occupants for such housing, and the antici pated changes in such potential occupants. This assistance may also include planning with respect to homeless persons and the shelter needs of homeless persons; and
(5) The department's planning and technical assistance activities may include planning, technical assistance, analysis, recommendations for policies or action, and related activities and services with respect to any lawful purpose or activity of a local government. (b) The department shall undertake and carry out, 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:
\i) 1 nc deportment snsii estflDlisfi tne vrcor^fis dflts D&nK to serve fts ft compre~ hcnsivc source ef information available te local govcrnmcnta and state government. The department shall coordinate and participate in compiling, and other state agen cies and local governments shall participate in compiling, a Georgia data base and net work 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 net work shall collect, analyze, and disseminate information with respect to local govern ments, 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, eco nomic, 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;
ftte of the state. T-h profile and the maps toad descriptions which accompany the pretile sri&ll include 8 gcncrfll desepiption of trie existtn^f find proDftDie tuture pdttems of
terns. For this purpose, the department shall ase information from the Georgia data osnK find) wriere flVfliiQble, iniorrn&tion developed oy otrier stfltc figencies. in sddi tion, the department may develop its OWH information. This profile shall be

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[ te the Governor and te the General Assembly for their information and je in 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 finan cial assistance to support local initiatives for rural economic development in rural areasr This rural economic development plan shall be revised and updated at the same time as the growth and development profile ef the state prepared for submission te the LIovcrnor find to tne (jfenersl Assentoly is uposted find 9no.il DC suDmittcd to trie
{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;
<& (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 dis seminate any such studies, surveys, investigations, maps, reports, plans, recommenda tions, advice, and information to any government, any state authority or state agency, or any private entity. (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 depart ment, 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 func tions 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 govern ments, 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 govern ments, 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, compre hensive plans of regional development centers, and comprehensive plans of municipal ities 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 in accordance with the provisions of Code Section 50-8-7.2 minimum standards and procedures for coordinated and comprehensive plan ning, including standards and procedures for preparation of plans, for implementation of plans, and for participation in the coordinated and comprehensive planning process. 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:
(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 compre hensive 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 promul gated, 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 bound aries 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 neces sary 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;

WEDNESDAY, MARCH 15, 1989

2345

(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 ther 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 depart ment. 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 depart ment 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 when ratified by joint resolution of the General Assembly. The power of the department to promulgate such initial minimum standards and proce dures shall be deemed to be dependent upon such ratification. Any subsequent amend ments or additions to the initial minimum standards and procedures promulgated by the department pursuant to Code Section 50-8-7.1 shall be promulgated in accordance with and subject to the provisions of Chapter 13 of this title, the 'Georgia Administrative Procedure Act.'
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 depart ment 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 obli gation debt for educational facilities for which the department is named user agency and the school district is named recipient in an appropriation authorizing the debt. The department may make grants to eligible recipients or qualified local governments from appropriations made to the department generally for grant purposes, without appropria tions language specifying amounts, recipients, and purposes. The department:
(1) Shall shall disburse such grants on the basis of criteria which include consider ation 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 compre hensive 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

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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 instrumental ity of state government. Without limiting the foregoing, the Department of Education, Department of Transportation, and the director of the Fiscal Division of the Depart ment 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 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 author
ized to make payments, which it otherwise would have made to the regional develop ment 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 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 con tract 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 pur
suant to this Code section; and (6) The department may make funds available for any purpose for which the eli
gible 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;
{G} (H) Purchase or lease of equipment; {H} (I) Operating expenses;
4t) (J) Housing projects; {J) (K) Any project for the purposes of acquiring, constructing, equipping, maintaining, and operating regional commerce and trade center facilities suitable for

WEDNESDAY, MARCH 15, 1989

2347

housing conventions and trade shows as well as cultural, political, musical, educa tional, athletic, and other events, in order to provide for the establishment, develop ment, and maintenance of commerce and trade;
{K} (L) Any project or purpose described in or permitted under any appropria tions to the department;
{fc) (M) Any project or purpose described in or permitted under any grant made to, or to be made by or through, the department;
{M} (N) Any project or purpose provided for in the federal Housing and Com munity Development Act of 1974, as amended, or any successor to the Housing and Community Development Act of 1974;
fN) (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;
46} (P) Any project or purpose authorized by federal or state law; or
4P4 (Q) Any other project or purpose consistent with the duties, responsibili ties, functions, power, and authority of the department. 4b) (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 govern ment or other source for furthering the purposes of the department. The department's actions in this respect may be taken for itself or on behalf of 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 emer gency 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 depart ment 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 eli gible recipient. 4e) (d) The department is authorized and shall have all powers necessary to partici pate in federal programs and to comply with laws relating thereto. fd) (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. 4$ (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.
4g) (h) Pursuant to Article VII, Section III, Paragraph HI of the Constitution and
as otherwise may be authorized, all grants and other disbursements of funds made by
the department or from the emergency fund through the department prior to February
24^ 1988 July 1, 1989, are approved, ratified, and confirmed.

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50-8-9. (a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The depart ment shall have the power to enter into contracts with local governments, school dis tricts, state agencies, state authorities, and other public and private entities or individuals for any purpose necessary or incidental to carrying out or performing the duties, responsibilities, or functions of the department or exercising the power and authority of the department. No such contract shall constitute a donation or gratuity or the forgiveness of any debt or obligation owing to the public. No such contract shall con stitute or be intended to constitute security for bonds or other obligations issued by any public agency, public corporation, or authority. No such contract shall constitute a pledge or loan of the credit of the state to any individual, company, corporation, or asso ciation, and the state, through the department, shall not become a joint owner or stock holder in or with any individual, company, association, or corporation.
(b) The power and authority of the department under this Code section to enter into contracts shall be limited to entering into contracts permitted under the Constitution and laws of the state and as specified in this Code section but shall not otherwise be limited.
50-8-10. (a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The depart ment shall undertake and carry out such activities as may be necessary to coordinate policies, programs, and actions of governments in local government affairs and as may be specified by law. Such activities may include, but shall not be limited to, the follow ing:
(1) The department may take such action as the commissioner may deem neces sary, to the extent feasible and practicable as determined by the commissioner, to make the programs and policies including, but not limited to, comprehensive plans of all levels of government consistent and to minimize duplicated or inconsistent pro grams 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 stated 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 munici palities and counties of other states, with other representatives of governments, with representatives of private entities, and with others for the purpose of furthering the coordination of programs and policies affecting local government affairs within this state.
(b) The department shall serve as the state's clearing-house and research center on intergovernmental relations, including relationships among federal, state, and local levels of government and, to this end, the department shall:
(1) Monitor, review, analyze, and communicate with and to others with respect to actions and developments in the United States Congress, in the federal agencies, and in other states which affect local governments or which may affect relations between the state and any local governments; and
(2) Coordinate its activities with the office of the Governor, other state agencies and authorities, and the state's members of the United States Congress.
(c) The department may provide, supervise, or coordinate leadership and community development programs for local governments and other programs with respect to local government affairs. The department may develop pilot programs or projects designed to address the problems and needs of local government.
50-8-11. (a) The department shall have the duty, responsibility, power, and author ity to take all action necessary to further the purposes of the department, without regard for whether any such duty, responsibility, power, or authority is specifically men tioned in this article or otherwise specifically granted by law. Without limiting the gen eral nature of this Code section:

WEDNESDAY, MARCH 15, 1989

2349

(1) The department shall have all duties, responsibilities, power, and authority granted or specified under or pursuant to any other laws of the state and any execu tive orders issued by the Governor prior to February 24; i988 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 promote and encourage assistance from private entities and individuals in carrying out and performing local government services;
(3) The department shall assist local governments in developing, promoting, and retaining trade, industry, commerce, and employment opportunities;
(4) The department may define, identify, and establish criteria or requirements for local governments or others to participate with or to use any local government services; and
(5) The department may receive, use, and spend money received from the state for any of the purposes of the department. (b) Revenues for all fees and charges imposed or otherwise charged by the depart ment for local government services shall be paid into the general fund of the state treas ury, except that charges intended to reimburse expenses incurred by the department shall be used to reimburse the department for such expenses. 60-8-12.--(a)--T-he Advisory Committee en Area Planning and Development, as it
with the provisions ef this article. T-he committee shall advise the commissioner and the beard in matters relating te the financial and operational conditions, programs, services,
commissions. T-he members ef- the committee serving immediately prter te February 24; lyocy, shdll continue to serve toe respective terms tor winch they were 8ppointed ftno until theIF rcspcctivc successors ftre sppowited &no. QUftiiiied. A nerefltterj trie \jrovernor
years and until their successors are appointed and qualified. T-he committee shall consist of one member trom c&ch ftreft plftnnmg commission tft trie stflte. if o.ny member of the committee shall eease te be a member ef an area planning commission in the atatc, such member shall ne longer be a member ef the committee, and the Governor shall appoint
cessoF is ftppointed ftnd Qu&hiied. iviemoership on the comm111ee snft.il not preclude the member ironi holding other puulic oilice. Hjftch member of the comHI111ee shs.ll receive
each day a committee member is in attendance at a meeting ef the committee and shall receive reimbursement fer actual transportation coats incurred while traveling by public earner er the allowance authorized for state officials and employees fer the use ef a per sonal meter vehicle in connection with saeh attendance. T-he per diem and travel aHewanee er reimbursement authorized fey this subsection shall fee paid from funds appropriated and available te the area planning commission which the member reprc-
eemmisstener e* the chairman ef the committee may eaU additional special meetings. 4fe)--T-he commissioner may create advisory councils in accordance with Code Section
60 4 4. T-he commissioner may name er 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:

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"ARTICLE 2
50-8-30. The Board of Community Affairs, at consultation with the Committee en Area Planning and Development, local governments, and state shall repert te the Governor th boundaries for area planning and development 1 siono embracing the entire stater Ne county shall be divided in forming an area planning and development commission. T-he boundaries fer existing area planning and develop ment commissions shaH 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 impor tance to the state and its citizens. The state has an essential public interest in establish ing 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 govern ments 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 inter ests 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 any time subsequent te the establishment ef the boundaries of any 8.res pISIHIing Qnd development commission pursusnt to oode bee*ion ov~o~ovj sny unit
er change the boundaries. v&7--l fte oofl.ro., tfi consultQtion witn tne Advisory Oommittee on Ares r^lsnnin^ find
uevciopmcrit, snftii creste tnd promui^fflte policies &HQ procedures for citect>injif ensures ef boundaries.
\ct--INo Doundary ef an area planning and development commission may oe cnangcd Dy tnc Boar^t or community /\Hairs witnout tnc approval- of a majority of tnc board members ef each such 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 elected official' means the official of any county or municipality elected as chief elected official (regardless of whether the position which is, m fact, that of chief elected official is called chairman, mayor, or by any other designation) or, for any counties or municipalities where no person is elected as chief elected official, 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

WEDNESDAY, MARCH 15, 1989

2351

pursuant to the minimum standards and proce dures for preparation of comprehensive plans and for implementation of compre hensive plans, established by the department in accordance with Article 1. of this chapter.
(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 inic"ludes such counties or municipal ities, 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) 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 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 arrange ment. (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) or paragraph (3) of subsection (e) 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 commis sioner 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 sion 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 I of this chapter. (19) 'Municipal board member' means any member of the board representing a municipality, determined pursuant to paragraph (2) of subsection (b) or paragraph (3) of subsection (e) 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.

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(22) 'Nonpublic board member' means any board member who is a resident of a county within the region, who is not an elected or appointed official or employee of any county or municipality, and who is elected as a nonpublic member for that county pursuant to paragraph (3) of subsection (b) or paragraph (3) of subsection (e) 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. (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 by 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 ef local government shaH be represented in an area planning and development commission until it joins eat area planning and development commission by official action. Regional development centers are created and established as public agen cies and instrumentalities of their members which shall facilitate coordinated and comprehensive planning in conformity with minimum standards and procedures estab lished 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 cen ters 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 com munity 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 plan ning 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 fee subject to the following requirements governing the membership of the
\TT--At least twO'tniFQs of tne mem ucrsfiip sn&ii DC mem ucrs fit trie governing oodies of counties and municipalities WHICH Rave joined tne area planning and

reQUire tnat itHJ percent of trie commission snail oe memDCrs of trie governing oodics of such counties and municipalities;
sentative of its governing oody on tne commission, and at least one municipality
en the commission; and
the counties and municipalities which have joined the area planning and development commission.

WEDNESDAY, MARCH 15, 1989

2353

4W--Subacction {a} of this Code section shall net affect any metropolitan area plansing 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 municipal ity or county, as the case may be.
(b) (1) Each county and municipality in the state shall pay the annual dues for membership in its regional development center. Each county and the municipalities within such county shall continue to use the arrangement for the payment of dues which was in effect on June 30, 1989, for the payment of dues to the area planning and development commission which preceded the regional development center created by this article until a revised arrangement for the amount, apportionment, and pay ment of annual dues is established by the county and the municipalities within such county. If an arrangement for the payment of such dues is structured so that a county pays dues only on behalf of residents of the unincorporated areas of the county, then the annual dues paid by such county shall come solely from revenues derived from the unincorporated areas of the county.
(2) State funds appropriated to the department and available for the purpose of assisting regional development centers shall be distributed in accordance with this paragraph. The department shall establish a minimum funding amount for regional development centers, conditioned upon the amount of state funds appropriated, and a supplemental funding formula to be used for the distribution of available state funds in excess of the minimum funding amount. To be eligible for the minimum funding amount, each regional development center must assess and collect annual dues in the amount of 25t for each resident of each county within the regional development center, based upon the most recent estimate of population approved by the depart ment for this purpose. To be eligible for any supplemental funding, each regional development center shall be required to match the amount of the supplemental funds on a dollar-for-dollar basis and shall only use for the purpose of computing matching funds revenues of the regional development center in excess of the amount required for the minimum funding amount.
(3) The initial supplemental funding formula established by the department to be used for the distribution of available state funds in excess of the minimum funding amount shall be promulgated by the department in accordance with the procedures of Code Section 50-8-7.2. 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 func tions as may be provided or authorized by law. (b) Membership on the board shall be determined as follows:
(1) The chief elected official of each county in the region shall be a county board member;
(2) The chief elected official 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 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;

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(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) (1) Notwithstanding the other provisions of subsection (b) of this Code section, the board of a regional development center shall have the authority to expand its membership to the extent required to meet board membership requirements imposed by any state or federal program for which the regional development center te or, upon such expansion of board membership, will become the administering agency. Any change in board membership as authorized by this subsection shall be proposed by resolution of the board and submitted to the department for approval. Each such reso lution shall describe the federal or state program which imposes the requirement for additional board membership and shall specify the proposed number of additional board members, the number of additional board members who shall be elected as county board members, as municipal board members, and as nonpublic board mem bers, and such other information as the department may, from time to time, require. No proposed change in membership shall become effective without prior approval of the department. The department shall promulgate guidelines to assist regional development centers in meeting membership requirements imposed by state and fed eral programs but such guidelines shall in no event prohibit regional development cen ters from meeting such requirements.
(2) If the membership of a board of a regional development center is expanded pursuant to paragraph (1) of this subsection, the votes among members of that board shall be allocated as follows:
(A) Each county member shall have one vote or, if there is more than one county board member from the same county, the county board members from the same county shall have one collective vote;
(B) Municipal board members from the same county shall have one collective vote; and
(C) Each nonpublic board member shall have one vote or, if there is more than one nonpublic board member from the same county, the nonpublic board members from the same county shall have one collective vote. (3) Notwithstanding the other provisions of this Code section, any additional board membership approved pursuant to paragraph (1) of this subsection shall be filled by members elected by the board from among the following classes, in such number or numbers from each class as the department may have approved pursuant to paragraph (1) of this subsection, and such additional members shall be designated as follows:
(A) Any member who is an elected official of a county in the region shall be a county board member;
(B) Any member who is an elected official of a municipality in the region shall
be a municipal board member; and (C) Any member who is a resident of a county within the region and is elected
as a nonpublic board member shall be a nonpublic board member. (4) Notwithstanding the other provisions of this Code section, if the membership
of a board of a regional development center is expanded pursuant to paragraph (1) of this subsection, the other provisions of this Code section shall apply except as
specified in this subsection, and such other provisions of this Code section shall be
construed accordingly.
(f) The board shall hold meetings not less than four times in each year, beginning
on July I and continuing through the next June 30.

WEDNESDAY, MARCH 15, 1989

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(g) 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,
(h) (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 func tions 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.
(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 popu lation 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.
(i) 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 meet ing designated for that purpose in bylaws of the center.
(j) 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 in lieu of any other per diem, allowance, remuneration, or compensation.
(k) For purposes of determining the municipality in a region with the largest popu lation 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 er agreements neces sary or incidental to the performance of its duties and functions. Neither a commiaaion 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 commis sion center's region, except that one commission center, on its own behalf and not on

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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 govern mental 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 eaeas 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 authorrty 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 pri vate 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 adopt personnel policies and practices with specific reference to job descriptions and qualifications. Minimum qualifications for the professional per sonnel of each regional development center shall be established by the board of the
regional development center and the Board of Community Affairs.

WEDNESDAY, MARCH 15, 1989

2357

(c) 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, pre paration, 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 compre hensive 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. (d) Each center shall participate in compiling a Georgia data base and network, coordinated by the department, to serve as a comprehensive source of information avail able, in an accessible form, to local governments, state agencies, and members of the General Assembly. (e) A center shall serve as liaison with other governments, including federal govern ment 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 pro grams to be carried out in the region if such designation is required and if the depart ment 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. 60-8-36.--Eaeh area planning and development commission shall: 4i)--Review and comment upon applications by units ef local government within
Wie area xOf federal Of State grant aSS19tanC6, provided tflflt. application rCVlCW and
comment shall i&e periormed only wtten reojuircd Dy speciite grant progFams7 or trie local government within its area planning md development commission;
\cij--rTepare an areft biennial development profile, wnicn protiie snail ~oe at tne direction of, on forms and VR. a format prescriDed by and subject- to review Dy tne Department ef Community Affairs;
(3}--Prepare a forecast for the development of the area ef- such commiasion m accordance with predicted future needs and resources. The forecast shall fee addressed te the period ef time beyond that ef the area biennial development program, ft should
commerce, industry, recreation, forestry, agriculture, and tourism; and ways te foster
\4j--L^ollect, process, ano analyze, under trie direction of tne uepsrtmcnt of t^om^ munity Affairs, information regarding the operations ef political subdivisions and social, economic, and geographic statistics for the 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

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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.
(b)--Except as otherwise provided by subsection (d) ef- this Code acction, BO authority

commission te manage, administer, er operate any program involving the direct delivery ef governmental services te consumers or te administer contracts fer the delivery ef govcrnmcntal services te consumers except contracts for the administration ef human service programs as defined by subsection {a) ef this Code section and as authorized by
\ L i) Or tXKie QeCtlOn OU"O~o4j pPOVKled~, I1OW6V6P, tilflrt flTCfl planning and
local government m areas ef governmental services. As used m this subsection, * govern mental services means tnose services provided by local units of government of tnis state ae! includes, by way ef illustration and et ef limitation, the following governmental
41)--taw enforcement, including arrest, detention, and court administration; 42)--Fire protection; 43)--Solid waste collection and disposal; (4)--Street and road construction awl maintenance, including curbs, sidewalks, and street lights; (5)--Parks and recreation areas and facilities; (6)--Development, storage, treatment, purification, and distribution ef water; f?)--Storm water awl sewerage disposal system; 48)--Public housing; 40)--Airport construction and maintenance; (10) Terminal and dock facilities and parking facilities; 411) Air pollution control; and (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 govern mental 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 assis tance to units of local government in areas of governmental services. (c) When cat area planning and development commission a regional development center administers a contract for the purposes of paragraph (11) of subsection (a) of
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.
\ty--JNotwitnstandmg any limitations otherwise provided oy t^ode toections ou-o-o4

WEDNESDAY, MARCH 15, 1989

2359

as authorized by paragraph (W) ef Code Section 60-8-34, engage m the direct delivery o ooO9 find services to tRdividu&i consumers until duly TJ lyoo, it t/ne &res plsnning and development commission was managing, administering, ef operating such programs of was engaged m sucn direct delivery of goods and services as ei Uanuary T^ u / o. i nis
funding er addition ef new program components to the programs and continuation ef renewal ef arrangements fer seh direct delivery ef goods and services at increased levels of funding.
50-8-37. (a) Each local plan shall be submitted for review, comment, and recom mendation 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 munici pality 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 munici pality 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 ner.
(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 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 meet ing or hearing.
(e) The municipality or county which submitted the local plan may request recon sideration of any recommendation by a center within ten days after the center's recom mendation 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 munici pality 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 recommenda tion by a center pursuant to subsection (e) of this Code section shall automatically oper ate 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

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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 appli cation, 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. Begin- ning July lj 1990, the books of account shall be kept in a standard, uniform format to be determined by the state auditor and the commissioner. Each regional development center shall update its books of account on a quarterly basis and shall present the quar terly update to the commissioner. 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 cor poration, 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, pos sible 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 1^ 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 pur suant 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 con strued to be, cumulative with, and in addition to, the duties, responsibilities, and func tions 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 con trol 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 metro politan area planning and development commission, terms of officers, quorums, and elec tions 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 ttrett 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 develop ment 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 in tnis article snail ioe construed to limit tne powers of any unit of local government.

WEDNESDAY, MARCH 15, 1989

2361

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 and development commiaaiona 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 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 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:
"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, environ ment, 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 govern ments, 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 Com munity 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.

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(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 compre hensive 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 consoli dated 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 improve ments 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;
(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 govern ments 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 Anno tated, 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, environ ment, and vital areas of the state are also of vital importance to the state and its citi zens. The state has an essential public interest in establishing minimum standards for

WEDNESDAY, MARCH 15, 1989

2363

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 Arti cle 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 wet lands, 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 the relative susceptibility of ground water to contamination by various land use activi ties 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 develop ment 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 afid development commission regional development center within the district or districts. All of the property and assets of any altered dis trict 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

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with respect to industrialized buildings, is amended by striking paragraph (10) of subsec tion (d) thereof and inserting in its place a new paragraph (10) to read as follows:
"(10) One member shall be from a 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, relat ing 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 insert ing in its place a new paragraph (6) to read as follows:
"(6) Planning and developing the system should be coordinated with the area plnnfling 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&)--'Commission' (4) 'Center' means the area planning and development commissiefl ef metropolitan area planning and development commiaaion 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 or 4^ respectively, of Chapter 8 of Title
"44} (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 commis sion 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 pur suant 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 trans mitted 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

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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 center shall cause notice of the time and place of each such public hearing to be pub lished 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 prob lems 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 pur poses 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 promul gated pursuant to this paragraph by a center which is also a metropolitan area plan ning 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 administra tive costs of review of the application by the commiaaion 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 respec tive places new subsections (a) and (b) to read as follows:
"(a) (1) Pending adoption of the plan by the commission center, it shall be unlaw ful 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 commiaoion center, issue a letter or writ ten 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 con trol, 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

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or inconsistent with the plan or any portion thereof or any amendment thereto. A pro posed 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 pro posed 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;
(B) Make a finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan; or
(C) Recommend modification of the application in such manner that the appli cation as so modified, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan. (2) If the commission 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 equiva lent 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 recommenda tion, after giving public notice and after mailing notice to the applicant and to the commission center at least five days prior to the hearing;

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(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 recom mendation 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 recommenda tion of the commiaaion 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, relat ing 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 commiaaion 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 commiaaion center shall be final. The appeal shall be heard by the judge of the superior court without a jury."

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Section 6.11. Said part is further amended by striking subparagraph (B) of para graph (4) of Code Section 12-5-451, relating to uses to which the provisions of the "Metro politan 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 author ity 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."
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 ero sion and sediment control ordinances or regulations which effectively control erosion and sedimentation in a tributary, the commission center shall give written notice to the gov erning 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 regula tions 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 gov erning 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 notifica tion 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 lan guage 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

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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 secure cessation of the violation or upon a determination by the director, after consulta tion 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, relat ing 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 appli cation 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 news paper 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 an4 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 cor rect 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 com plete 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

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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 consider ation 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 develop ment 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 respec tive places a new subsection (b) and a new paragraph (1) of subsection (c) to read as fol lows:
"(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 an4 development commissions regional development centers, authorities, state agencies, and public and private mass transporta tion 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, area planning and development commissions regional development centers, authorities, state agencies, and public and private mass transportation operators may, by formal resolution, apply to the depart ment 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 appli cable 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 emd 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 pro posed 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

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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 recog nized 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 compa rable 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."
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 con tract 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 Anno tated, 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 commiaaion 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 pro vide 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, relat ing 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, an area planning and development commiaaion a regional development center as defined in and with all the powers, duties, and obligations of an area planning and development commiaaion a regional develop ment center set forth in Article 2 of this chapter and any other law of general applica tion pertaining to area planning and development commissions en July 17 1971 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 Anno tated, 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 fol lows:
"50-8-121. Each area planning and development commission regional development center of this state, except the regional development center which is also the metropol itan area planning and development commission provided for in Article 4 of this

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chapter, shall constitute a rural economic development area for the purposes of this arti cle."
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 con duct 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 ad development commissions regional development centers, local development organiza tions, 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 prepara tion 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 imple mentation of projects, and inserting in its place new subsections (a) and (b) to read as fol lows:
"(a) Each rural economic development area may submit to the Department of Com munity Affairs proposed economic development projects by January 1, 1989. All pro posed projects shall be endorsed by the appropriate local government and shall be evaluated for funding based upon rating and selection criteria prepared by the depart ment in consultation with state agencies, local governments, area planning and develop ment 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 depart ment 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, a*ea planning and development commissions regional development centers, local govern ments, 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 Modern ization 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 Cen ters;".
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 taett planning and development commission a regional develop ment center. The major product of the pilot programs will be procedural guidelines for the modernization of land records in Georgia;"

WEDNESDAY, MARCH 15, 1989

2373

"(3) To encourage cost savings due to the coordination of data acquisition and data exchange among the federal government, local governments, eaten planning and develop ment commissions regional development centers, the private sector, and various agencies of state government;"
"(6) To contract with state agencies, federal agencies, local governments, area plan ning 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, relat ing 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, associa tion, 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 contrac tor' shall not include authorities, nonprofit hospitals, nonprofit nursing homes, state wide 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 develop ment 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, relat ing 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 sub section (c) to read as follows:
"(c) The prohibition referred to in subsection (a) of this Code section against receiv ing funds from any state agency shall not apply to grants to cooperative education regional educational service agencies (CESA'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 street planning and development commissions regional development centers."
Part 7
Section 7.1. All laws and parts of laws in conflict with this Act are repealed.

Representative Lane of the 27th moved that the House adopt the report of the Committee of Conference on HB 215.
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
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
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 N Hamilton Y Hanner
Harris Y Hasty Y Heard
Herbert

2374

JOURNAL OF THE HOUSE,

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
Martin Y McCoy Y McDonald Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Milam Y Mobley
Moody Y Moore Y Morton Y Moult rie 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

On the motion, the ayes were 156, nays 2. The motion prevailed.

Y Richardson Ricketson
Y Robinson Y Royal Y Selman
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 Y Townsend
Twiggs Y Vaughan Y Waddle Y Walker.C
Walker.L N Wall
Ware Y Watson Y Watts Y White Y Wilder
Williams.B Williams,J
Y Yates Y Yeargin
Murphy.Spkr

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

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

HR 406. By Representatives Walker of the 85th, Ransom of the 90th, Brown of the 88th, Padgett of the 86th, Cheeks of the 89th and others:
A resolution creating the Augusta-Richmond County Commission on Disadvantaged Youth.

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

HB 1045.

By Representatives Oliver of the 53rd, Richardson of the 52nd, Redding of the 50th, Williams of the 54th, Teper of the 46th and others:
A bill to amend an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the gov erning authority of DeKalb County, so as to provide that the annual salary of the Chief Executive Officer shall be the same as the state salary of the superior court judges of DeKalb County plus any county supplements.

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

HB 1033.

By Representatives Alford of the 57th, Richardson of the 52nd, Redding of the 50th, Williams of the 48th, Mangum of the 57th and others:
A bill to amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, known as the "DeKalb County Special Services Tax Districts Act," so as to provide for certain limitations on the millage rate levied in certain municipalities.

WEDNESDAY, MARCH 15, 1989

2375

The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

SB 137. By Senator Kidd of the 25th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Anno tated, relating to exemption from applicability, so as to provide for a new exemption for certain renovation and replacement projects; to provide an effective date.

The President has appointed on the part of the Senate the following: Senators Walker of the 43rd, Kidd of the 25th and Barker of the 18th.

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

HB 209. By Representatives 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 Anno tated, relating to pharmacists and pharmacies, so as to change certain provi sions relating to prescribing, compounding, dispensing, and administering drugs by certain practitioners; to amend Chapter 34 of Title 43 of the Offi cial Code of Georgia Annotated, relating to physicians, osteopaths, and assis tants, so as to provide for definitions.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 209

The Committee of Conference on HB 209 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 209 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Pierre Howard
Senator, 42nd District
/s/ A. Quillian Baldwin, Jr. Senator, 29th Distnct

FOR THE HOUSE OF REPRESENTATIVES:
/s/ E- M- Childers Representative, 15th District
/s/ Bobby R Parham Representative, 105th District

/s/ Harrill L. Dawkins Senator, 45th District

/s/ Jim Pannell Representative, 122nd District

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 ordering, pre scribing, compounding, dispensing, and administering drugs by certain persons; 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

2376

JOURNAL OF THE HOUSE,

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 and pharmacists to delegate to certain physician's assistants and licensed registered profes sional 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 authorize the perfor mance of certain acts in life-threatening situations; 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:
"(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 Articles 2 and 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 dele gated 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 practi tioners 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 Anno tated, 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.
(3.1) 'Dispensing procedure' means a written document signed by a licensed pharmacist and a licensed physician which document establishes the appropriate man ner under which drugs may be dispensed pursuant to this Code section.
(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 sub stance.
(5) 'Drug' means any dangerous drug or controlled substance. (5.1) 'Job description' means a document signed by a licensed physician and describing the duties which may be performed by a physician's assistant, by which document the physician delegates to that physician's assistant the authority to per form certain medical acts pursuant to subsection (b) of this Code section and which acts shall include, without being limited to, the administering and ordering of any drug. (6) 'Nurse' means a person who is a registered professional nurse licensed as such under Chapter 26 of this title.

WEDNESDAY, MARCH 15, 1989

2377

(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 pursuant to subsection (b) of this Code section, and which acts shall include, without being limited to, the administering and ordering 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 prescrib ing, which act can only be performed by the physician, nor shall ordering of a drug be construed to authorize the issuance of a written prescription.
(9) 'Physician's assistant' means a person certified as a physician's assistant pur suant 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 a nurse or physician's assistant is authorized to dispense dangerous drugs, in accordance with a dispensing procedure and under the authority of an order issued in conformity with a nurse protocol or job description, if that nurse or physician's assistant orders or dis penses 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: (I) 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, other than an orga nization which is a hospital, preferred provider organization, health mainte nance organization, or similar organization; or
(II) Established under the authority of or receiving funds pursuant to 42 U.S.C. Section 254b or 254c of the United States Public Health Services Act,
which organization provides that those medical services and dangerous drugs which are ordered or 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) In addition, a physician may delegate to a nurse or physician's assistant the authority to order dangerous drugs, medical treatments, or diagnostic studies and a nurse or physician's assistant is authorized to dispense dangerous drugs, in accordance with a dispensing procedure and under the authority of an order issued in conformity with a nurse protocol or job description, if that nurse or physician's assistant orders or dispenses such drugs, treatments, or studies to a patient of an outpatient clinic:
(A) Which is owned or operated by a licensed hospital; (B) Which provides such drugs, treatments, or studies free or at a charge to the patient based solely upon the patient's ability to pay; provided, however, such
charge shall not exceed the actual cost to the outpatient clinic; and (C) Whose services are primarily provided to the medically disadvantaged
and that nurse or physician's assistant orders or dispenses such drugs 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.

2378

JOURNAL OF THE HOUSE,

(4) 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.
(5) Delegation of authority to a nurse pursuant to this subsection shall be author ized 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 assis tant or nurse may perform any act authorized to be performed by that person pursuant to and in conformity with this Code section without such act constituting the practice of medicine. (e) Nothing in this Code section shall be construed to limit or repeal Articles 2, 4, and 6 of this chapter, relating to physicians, osteopaths, physician's assistants, and res piratory therapists, 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 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 issu ance 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 (2) of subsection (b) of this Code section or any organization established under the author ity 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 its agents or employees or interfere with the employer and employee relationship of any such agents or employees. (i) Notwithstanding any other provision of law to the contrary, a physician's assistant or nurse may perform any act deemed necessary to provide treatment to a hospital or nursing home patient in a life-threatening situation when such act is authorized by standing procedures established by the medical staff of the hospital or nursing home."
Section 4. Article 4 of Chapter 34 of Title 43 of the Official Code of Georgia Anno tated, 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.

Representative Pannell of the 122nd moved that the House adopt the report of the Committee of Conference on HB 209.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Abernathy Y Adams Y 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

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
Colbert
Coleman

WEDNESDAY, MARCH 15, 1989

2379

Y Colwell Y Connell Y Couch
Coi 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 YDobbs
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
Heard Herbert Y Holcomb
Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson.W Y Jamieson
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 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
Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett
Y Pannell Y Parham

On the motion, the ayes were 158, nays 1. The motion prevailed.

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 YSmyre
YSnow 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 Y Waddle Y Walker.C Y Walker,L Y Wall
Ware Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J Y Yates
Y Yeargin Murphy.Spkr

Representatives Johnson of the 123rd and Coleman of the 118th 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 Smith of the 152nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

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

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 President has appointed on the part of the Senate the following: Senators Deal of the 49th, Parker of the 15th and Peevy of the 48th.

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

2380

JOURNAL OF THE HOUSE,

HB 1033.

By Representatives Alford of the 57th, Richardson of the 52nd, Redding of the 50th, Williams of the 48th, Mangum of the 57th and others:
A bill to amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, known as the "DeKalb County Special Services Tax Districts Act," so as to provide for certain limitations on the millage rate levied in certain municipalities.

The following Senate substitute was read:

A BILL
To amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, known as the "DeKalb County Special Services Tax Districts Act," approved April 12, 1982 (Ga. L. 1982, p. 4396), so as to provide for certain limitations on the millage rate levied in certain municipalities; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, known as the "DeKalb County Special Services Tax Districts Act," approved April 12, 1982 (Ga. L. 1982, p. 4396), is amended by adding a new section immediately following Section 6, to be designated Section 6A, to read as follows:
"Section 6A. Notwithstanding any other provision of this Act to the contrary, no provision of this Act shall in any manner authorize or require the levy of a millage rate in any municipality lying wholly or partially within DeKalb County in excess of the millage rate levied in the unincorporated area of DeKalb County. This section shall stand repealed in its entirety on March 1, 1990."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Alford of the 57th moved that the House agree to the Senate substi tute to HB 1033.
On the motion the ayes were 110, nays 0.
The motion prevailed.

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

HB 1045.

By Representatives Oliver of the 53rd, Richardson of the 52nd, Redding of the 50th, Williams of the 54th, Teper of the 46th and others:
A bill to amend an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the gov erning authority of DeKalb County, so as to provide that the annual salary of the Chief Executive Officer shall be the same as the state salary of the superior court judges of DeKalb County plus any county supplements.

The following Senate amendment was read:

Amend HB 1045 by striking "22" on line 2 of page 2 and inserting in lieu thereof the following:

WEDNESDAY, MARCH 15, 1989

2381

"19".

Representative Redding of the 50th moved that the House agree to the Senate amend ment to HB 1045.
On the motion the ayes were 110, nays 0. The motion prevailed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker: The Senate adheres to its disagreement to the House amendment and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Resolution of the Senate:
SR 176. By Senators Dean of the 31st, Olmstead of the 26th, Harris of the 27th and others: A resolution creating the Commission to Establish the City of Macon as the Permanent Site of the Georgia Music Hall of Fame.
The President has appointed on the part of the Senate the following: Senators Dean of the 31st, Harris of the 27th and Barker of the 18th.
The Senate insists on its amendments to the following Bill 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 Anno tated, 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 following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
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 begin ning July 1, 1989 and ending June 30, 1990.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 145
The Committee of Conference on HB 145 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 145 be adopted.
Respectfully submitted,

2382
FOR THE SENATE: /s/ TerrellStarr
Senator, 44th District
/s/ Joseph E. Kennedy Senator, 4th District
/s/ Thomas F. Allgood Senator, 22nd District

JOURNAL OF THE HOUSE,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Lauren McDonald, Jr. Representative, 12th District
/s/ Larry Walker Representative, 115th District
/s/ Terry L. Coleman Representative, 118th District

A BILL

To make and provide appropriations for the State Fiscal Year beginning July 1, 1989, and ending June 30, 1990; 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, 1989, and ending June 30, 1990, 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 $7,407,000,000 for State Fiscal Year 1990.

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....................................................................?

21,267,336 10,496,000
3,427,649 2,129,900
107,200 7,000 0
228,000 372,000 65,100 651,000
386,259
2,204,228 65,000
1,128,000 0
21,267,336 21,267,336

WEDNESDAY, MARCH 15, 1989

2383

Senate Functional Budgets

Total Funds

State Funds

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

$

4,001,903

$

576,073

$

1,052,815

$

5,630,791

4,001,903 576,073
1,052,815 5,630,791

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

$

8,271,104

$

423,399

$

1,111,762

$

9,806,265

8,271,104
423,399 1,111,762 9,806,265

Joint Functional Budgets

Total Funds

State Funds

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

$

2,023,514

$

1,919,437

$

786,181

$

1,101,148

$

5,830,280

2,023,514 1,919,437
786,181 1,101,148 5,830,280

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legis latures and the National Conference of Insurance Legislators and other legislative orga nizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, con sider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, print ing, services and other expenses of the Legislative Branch of Government; and for pay ments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the

2384

JOURNAL OF THE HOUSE,

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....................................................................!

14,106,131
12,012,877 341,610 800,000 11,000 23,750 25,500 517,628 323,209 50,557
14,106,131 14,106,131

PART II. JUDICIAL BRANCH

Section 3. Supreme Court. Budget Unit: Supreme Court...............................................................$

4,210,943

Section 4. Court of Appeals. Budget Unit: Court of Appeals ...........................................................$

4,775,456

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......................................................................$

39,445,788 37,695,444
692,233 126,479
85,425
831,207 15,000

Section 6. Juvenile Courts. Budget Unit: Juvenile Courts..............................................................!

398,760

Section 7. Institute of Continuing
Judicial Education. Budget Unit: Institute of Continuing
Judicial Education..................................................! Institute's Operations.....................................................................! Georgia Magistrate Courts
Training Council..........................................................................!

562,500 437,000
125,500

Section 8. Judicial Council. Budget Unit: Judicial Council.............................................................!
Council Operations..........................................................................! Payments to Judicial
Administrative Districts for Case Counting..............................................................................! Board of Court Reporting..............................................................!

1,737,304 716,677
73,500 30,355

WEDNESDAY, MARCH 15, 1989
Payment to Council for Magistrate Court Judges ..........................................................................
Payment to Council for Probate Court Judges ..........................................................................
Payment to Council for State Court Judges ..........................................................................
Payment to Resource Center................................................... Payment to Computerized
Information Network............................................................
Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications
Commission........................................................
Section 10. Indigent Defense Council. Budget Unit: Indigent Defense
Council................................................................ Grants...................................................................................... Operations..............................................................................
PART III. EXECUTIVE BRANCH
Section 11. 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..............................................................

2385
26,000 20,000 10,000 231,132 629,640
112,242
1,000,000 950,000 50,000
43,972,459 46,310,863 9,722,215
338,500 426,000 2,093,708 9,239,841 3,410,064 898,105 431,150 16,169,500 37,900 2,000,000
3,260,000 34,400,000 13,000,000
608,800 40,000 30,000
0 2,600,000 4,200,000 149,216,646

2386

JOURNAL OF THE HOUSE,

State Funds Budgeted....................................................................$

43,972,459

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

430,696 5,726,013
17,339,145
12,697,237 2,926,504
718,666
572,247 50,335,332 3,969,735 43,854,483 6,538,486 1,562,148
723,826 1,822,128 149,216,646

430,696 5,695,948
15,339,145
0 2,926,504
0
572,247 13,157,919
0 5,850,000
0 0 0 0 43,972,459

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
20,399,366 4,704,744
22,750 238,500 220,775 112,000 10,800 136,700 143,300
0 8,166,638
190,000 0
0 34,345,573
0

Georgia Building Authority Functional Budgets

Total Funds

State Funds

Grounds Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions

1,986,416 5,320,055 5,195,254 5,289,685
334,902 4,609,080 10,902,752
707,429

WEDNESDAY, MARCH 15, 1989

Facility Renovations Total

0 34,345,573

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 12. 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....................................................................$

2387
125,000
4,500,000 3,996,000 I,500,000
175,000 700,000
0 0 20,000 800,000 0 0 II,691,000 125,000
34,954,203
30,023,368 3,533,483
876,524
480,842
210,000 463,294 851,763 401,619 316,871 650,000
2,285,105
2,000,737 547,000 91,000 60,000 205,000
565,132
200,000 0
60,000 50,000 100,000 43,971,738 34,954,203

2388

JOURNAL OF THE HOUSE,

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

4,582,984 7,123,781 1,880,905
3,855,078
4,722,004 1,494,076 3,024,489
6,425,341 4,029,485 4,326,964
399,160 2,107,471 43,971,738

4,233,984 6,749,781 1,843,651 3,855,078 4,651,341 1,494,076 3,010,589
4,962,024 1,393,055
832,749 4,404
1,923,471 34,954,203

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....................................................................!

595,229 141,420
7,250 0
7,611 0 0
9,000 32,000 76,000 120,000 988,510
0

Section 13. 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....................................................................!

6,150,380
5,265,880 233,000 290,000 13,500 17,000
80,000
196,000 53,000 2,000 6,150,380 6,150,380

Section 14. Department of Community Affairs. Budget Unit: Department of
Community Affairs.................................................!
State Operations Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$

21,744,071
5,714,669 295,943

WEDNESDAY, MARCH 15, 1989

2389

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 - Herty Foundation.............................................................? Local Development Fund...............................................................?
Payment to Georgia Residential Finance Authority.......................................................................?
Payment to Georgia Environmental Facilities Authority for Operations....................................................................................?
Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

198,155 0
27,410 210,495 467,662 74,660 133,020 50,000
2,625,000 5,813,402
114,673
30,000,000
0 4,200,000 1,650,000
1,200,000
406,515 53,181,604 21,744,071

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 Planning Division Total

?

15,381,010

?

1,545,137

?

33,998,391

?

1,162,036

$

320,030

?

775,000

?

53,181,604

15,358,510 1,326,325
2,975,795 988,411 320,030 775,000
21,744,071

Section 15. 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...........................................................

461,867,871 253,785,419 31,011,124
1,376,304 1,742,000 5,814,044
892,000 3,083,000 2,438,358 1,690,152 116,029,450 9,701,515
350,000 12,454,000 6,775,000
0

2390

JOURNAL OF THE HOUSE,

Grants for Local Jails.....................................................................$ Central Repair Fund.......................................................................$ Payments to Central State
Hospital for Meals.......................................................................$ Payments to Central State
Hospital for Utilities...................................................................$ Payments to Public Safety
for Meals.......................................................................................$ Inmate Release Fund......................................................................$ Health Services Purchases.............................................................$ Payments to MAG for Health
Care Certification........................................................................$ University of Georgia -
Cooperative Extension Service Contracts.........................................................................$ Minor Construction Fund..............................................................$ Authority Lease Rentals ................................................................$ Total Funds Budgeted....................................................................? Indirect DOAS Funding.................................................................? Georgia Correctional Industries....................................................$ State Funds Budgeted....................................................................$

200,000 750,000
3,262,000
1,258,000
350,000 1,125,000 15,548,832
50,000
304,000 0
200,000 470,190,198
450,000 0
461,867,871

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutions and Support Probation Total

$ 155,475,171

$ 249,324,417

$

65,390,610

$ 470,190,198

$ 154,976,668

$ 247,817,417

$

59,073,786

$ 461,867,871

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....................................................................$

29,194,193
22,203,076 751,275 723,060 230,000 348,079 540,159
1,464,400 860,306
1,160,938 912,900
29,194,193 29,194,193

Section 16. 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......................................................?

5,622,287
8,374,512 4,212,153
77,604 41,500 57,525 22,155 5,760 154,276 196,500

WEDNESDAY, MARCH 15, 1989

2391

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...............

1,044,200 51,000
18,000 42,000 1,182,133 66,315 180,000 15,725,633 5,622,287

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

$

1,393,490

$

3,236,604

$

3,764,149

$

7,331,390

$

15,725,633

1,314,373
1,026,912 534,991
2,746,011 5,622,287

Section 17. 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............................................... Local Fair Share..............................................
Other Categorical Grants: Equalization Formula.....................................

2,734,805,903
41,941,985 4,711,221 1,721,493
91,783 538,416 11,391,805 2,411,867 796,133 21,609,874 870,888 317,000
696,795,169 570,677,770 275,535,441 84,426,366
88,409,045 199,141,724 23,425,300 48,280,248
7,067,368 18,590,998 94,603,605 506,118,633 111,276,321
0 (479,520,239)
131,572,698

2392

JOURNAL OF THE HOUSE,

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 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 & 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 Postsecondary Vocational Education......................................................................................?
Innovative Programs.......................................................................? Technology Grants..........................................................................? Limited English - Speaking
Students Program.......................................................................? Drug Free School (Federal)...........................................................? Transition Program for Refugee...................................................? Emergency Immigrant Education
Program........................................................................................?

3,577,440 8,950,000 20,680,000 15,849,036
100,000
94,501,492
2,100,000
23,177,937
888,439
1,975,000 31,902,269 113,396,789 24,003,046
6,575,151
6,219,983
2,340,757 14,516,787
3,473,560 1,066,000
360,000 3,084,680
366,540
9,359,269 4,556,416
816,645 3,763,992
0
16,787,825
10,026,258
11,701,897 2,453,089
850,000
3,360,000 2,700,000
100,000
100,000

WEDNESDAY, MARCH 15, 1989

Title II Math/Science Grant (Federal) .......................................
Robert C. Byrd Scholarship (Federal) .......................................
Public School Construction........... Local School Construction............. 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 Special Services Professional
Standards Commission Professional
Practices Commission Local Programs Georgia Academy for
the Blind Georgia School for the Deaf Atlanta Area School
for the Deaf Total

3,971,390 16,217,817 1,199,359 23,536,504
19,396,753 4,396,724
287,980
566,251 2,952,393,470
4,617,482 7,429,765
4,782,440 $ 3,038,795,935

Section 18. 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..............................................

Section 19. Forestry Commission. Budget Unit: Forestry Commission.............................. State Operations Budget:
Personal Services....................................................... Regular Operating Expenses................................... Travel..........................................................................

2393

345,900
154,000 14,700,000 115,112,826 3,038,795,935
340,000
2,734,805,903

State Funds

$

3,690,455

$

9,042,374

$

1,159,366

$

18,978,229

$

19,008,406

$

3,044,289

$

287,980

$

566,251

$ 2,663,095,282

$

4,406,864

$

7,153,424

$

4,372,983

$ 2,734,805,903

0
1,009,552 125,000 8,000 0 7,000 289,000 124,000 32,000 718,000 0 0
2,312,552 0
36,654,112
28,629,449 6,922,549
144,520

2394

JOURNAL OF THE HOUSE,

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....................................................................$

1,228,810 2,860,173
154,806 39,174 842,267 478,764 310,000
0
30,000
60,000 30,500 551,000 42,282,012 36,654,112

Forestry Commission Functional Budgets

Total Funds

State Funds

Reforestation Field Services Wood Energy General Administration
and Support Total

$

5,225,074

$

34,644,193

$

32,088

$

2,380,657

$

42,282,012

$

2,040,034

$

32,230,256

$

32,088

$

2,351,734

$

36,654,112

Section 20. 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.........................................................$

33,935,615
24,221,001 2,509,438
646,760 529,650 695,768 1,004,000 1,785,200 1,955,798 43,000 500,000 45,000 33,935,615 33,935,615

Georgia Bureau of Investigation Functional Budgets

Total Funds

State Funds

Administration Drug Enforcement Investigative
Georgia Crime Information Center
Forensic Sciences Total

$

3,011,417

$

6,660,871

$

10,691,312

$

6,871,329

$

6,700,686

$

33,935,615

$

3,011,417

$

6,660,871

$

10,691,312

$

6,871,329

$

6,700,686

$

33,935,615

WEDNESDAY, MARCH 15, 1989

2395

Section 21. Office of the Governor. Budget Unit: Office of the Governor..................................................$
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Cost of Operations ..........................................................................$ Mansion Allowance .........................................................................$ Governor's Emergency Fund .........................................................$
Intern Stipends and Travel...........................................................$ Art Grants of State Funds.............................................................$ Art Grants of Non-State Funds....................................................$ Humanities Grant - State Funds..................................................$ Art Acquisitions - State Funds.....................................................$ Children's Trust Fund Grants ......................................................$ Children and Youth Grants...........................................................$ Juvenile Justice Grants ..................................................................$
Payments to Hazardous Waste Management Authority ..............................................................$
Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

21,918,397 9,458,962
476,338 185,775
0 55,834 148,637 648,661 210,395 32,017,776 2,869,258 40,000 3,150,000 162,000 2,850,000 331,600 50,000 40,000 900,000 100,000 1,262,925
1,125,000 56,083,161 21,918,397

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

$

6,221,258

$

856,494

$

5,764,205

$

3,936,074

$

2,144,435

$

32,405,666

$

341,005

$

650,834

$

714,486

$

1,519,390

$

1,406,176

$

0

$

123,138

$

56,083,161

$

6,221,258

$

779,840

$

5,764,205

$

3,417,010

$

2,144,435

$

326,982

$

151,445

$

650,834

$

460,607

$

472,467

$

1,406,176

$

0

$

123,138

$

21,918,397

Section 22. Department of Human Resources. A. Budget Unit: Departmental
Operations.............................................. 1. General Administration and
Support Budget: Personal Services............................................................

467,647,355 57,457,301

2396

JOURNAL OF THE HOUSE,

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....................

3,183,195 1,508,450
0 225,565 2,391,243 5,136,644 1,115,706 2,568,280 329,440 1,221,961
0
116,700
8,893,100 12,696,000
258,000 36,039,845 133,141,430
638,300 62,795,275

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

798,516 1,850,632
339,894 1,814,565
0 5,105,154
575,196
652,178 1,711,377 5,410,215 2,104,445
524,000
12,696,000 501,971
9,103,127
840,900 2,577,137
849,656
4,116,392 429,985 858,741
5,828,796 22,735,888 11,188,901

798,516 1,448,627
339,894 1,768,548 (5,733,440) 3,573,459
575,196
652,178 1,711,377 5,210,215 2,104,445
524,000
12,103,358 148,760
763,499 2,567,137
508,661
1,172,768 429,985 640,993 347,921
3,353,316 10,976,301

WEDNESDAY, MARCH 15, 1989

Aging Services State Health Planning
and Development Agency Total

39,172,616
1,355,148 133,141,430

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....................................................
Crippled Children Benefits...................................................... Kidney Disease Benefits.......................................................... Cancer Control Benefits........................................................... Benefits for Medically Indigent
High-Risk Pregnant Women and Their Infants.......................................................................... Family Planning Benefits ........................................................
Grant-In-Aid to Counties......................................................... Purchase of Service Contracts ................................................. Special Purpose Contracts ....................................................... Total Funds Budgeted.............................................................. Indirect DOAS Services Funding ........................................... State Funds Budgeted..............................................................

Public Health Functional Budgets

Total Funds

Director's Office Employees' Health Health Program Management Vital Records Health Services Research Primary Health Care Stroke and Heart
Attack Prevention Epidemiology Immunization Sexually Transmitted
Diseases Community Tuberculosis
Center Family Health Management Infant and Child Health Maternal Health - Perinatal Family Planning Malnutrition

825,066 375,618 1,285,279 1,910,278 843,469 815,213
2,063,911 1,960,870
599,292
1,567,444
1,551,844 11,415,347 10,468,423 3,065,463 11,050,585 56,013,163

2397
15,504,413
1,305,148 62,795,275
49,198,982 54,443,526 1,248,065
0 498,638 670,832 953,460 722,305 3,543,066
0 111,851 624,000
4,936,795
2,055,000 7,456,223
400,000 2,766,470
2,291,549 518,060
69,668,594 12,068,888 6,400,500 220,576,804
549,718 130,169,428
State Funds
627,841 315,618 1,200,279 1,769,375 620,651 749,280
1,533,911 929,807 0
301,361
1,551,844 5,453,703 9,301,513 1,053,587 6,222,745
0

2398

JOURNAL OF THE HOUSE,

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

1,790,881 12,163,487 1,461,024
695,708 4,027,278
988,380 5,520,492 2,983,409
10,559,299 936,370
3,631,843
4,460,868 57,114,862
530,848 3,059,110 4,841,680 220,576,804

1,580,706 9,929,425 1,461,024
695,708 3,965,876
499,608 5,400,492 1,922,909
10,429,624 746,105
3,141,843
4,460,868 50,411,038
425,563 1,214,463 2,252,661 130,169,428

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....................................................................$

66,023,250 9,857,613
806,163 119,000 367,573 1,728,383 2,922,171 1,430,350 4,460,877 977,500
0 427,050
242,500 16,157,000
52,000 609,000 7,302,585 113,483,015 100,000 24,949,076

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

3,948,767 697,128
8,175,210
18,219,762
13,137,741 24,032,018
854,410

$

1,627,090

$

552,125

$

1,763,439

$

4,827,754

$

645,179

$

0

$

0

WEDNESDAY, MARCH 15, 1989

District Field Services Independent Living Sheltered Employment Community Facilities Bobby Dodd Workshop Total

35,889,838 513,031
1,567,425 6,027,535
420,150 113,483,015

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

$

1,329,923

$ 282,127,339

$

100

$

10,051,000

$

55,487,205

$

87,287,195

$

48,458,939

$

6,991,195

$

2,425,000

$

886,211

$

4,460,205

$

4,085,142

$

4,671,295

$

18,930,426

$

2,529,235

$

0

$

2,318,389

$

2,000,000

$

19,986,700

2399
7,955,029 308,031 822,744
6,027,535 420,150
24,949,076
14,978,953 1,518,649
401,244 0
147,916 16,111,654
226,365 1,156,500 5,300,480
9,100 1,461,435 292,654,362
200,700,805 47,192,489 3,532,000
2,260,000 587,651,952
2,339,882 249,733,576

State Funds

$

0

$ 106,471,676

$

100

$

0

$

10,483,607

$

43,571,061

$

23,305,900

$

6,991,195

$

0

$

886,211

$

3,760,112

$

4,085,142

$

2,224,915

$

7,071,489

$

2,529,235

$

(6,658,248)

$

1,908,631

$

2,000,000

$

13,361,111

2400

JOURNAL OF THE HOUSE,

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

2,877,500 791,500
3,319,700 18,365,300
158,000 776,500 1,231,500 3,495,182
2,611,271 587,651,952

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 ..............................................................$ 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................................................................................................!

2,363,073 619,059
2,394,758 15,865,300
158,000 776,500 1,203,431 3,030,182
1,331,136 249,733,576
187,658,486 69,002,983 3,963,922
119,000 1,239,692 20,902,112 9,238,640 4,424,861 15,872,703 1,316,040 3,222,297
0
4,936,795
2,055,000 7,456,223
624,000 400,000 2,766,470
2,291,549 518,060
69,668,594 8,893,100 59,888,489 16,157,000
52,000 292,654,362
200,700,805
359,200 10,799,500 57,671,318
509,387,039
387,224,175 34,683,017 1,067,360

WEDNESDAY, MARCH 15, 1989

2401

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 Contracts ...... Total Funds Budgeted.................... Indirect DOAS Services Funding. State Funds Budgeted....................

574,700 3,532,035 4,793,811
869,400 3,015,949 5,922,070 13,668,100 8,967,300 2,451,904
7,135,700
2,222,850
35,239,156
88,358,941
14,251,954
52,226,910 1,424,600 2,361,385 597,000
670,588,317 2,404,100
509,387,039

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

$

38,527,078

$

32,559,378

$

28,519,856

$

22,777,474

$

31,556,318

$

29,953,272

$ 133,210,314

$

24,263,551

$

46,204,793

$

22,543,299

$

3,245,186

$

9,203,569

$

3,542,186

$

67,818,895

$

13,921,354

26,223,656 16,647,212
25,835,779
19,044,699
24,723,505
24,172,612 90,608,836
21,247,000
25,753,693
17,775,374 3,090,186
9,112,449
2,597,832
40,082,895 13,158,431

2402

JOURNAL OF THE HOUSE,

Georgia State Foster Grandparents/Senior Companion Program
Project Rescue Drug Abuse Contracts Community Mental Health
Center Services Project ARC Metro Drug Abuse Centers Group Homes for
Autistic Children Project Friendship Community Mental
Retardation Staff Community Mental Retardation
Residential Services Contract with Clayton County
Board of Education for Autistic Children MH/MR/SA Administration Regional Youth Development Centers Milledgeville State YDC Augusta State YDC Atlanta State YDC Macon State YDC Court Services Community Treatment Centers Day Centers Group Homes Purchased Services Runaway Investigation/ Interstate Compact Assessment and Classification Youth Services Administration Total

618,786 447,950 1,211,035
52,226,910 383,300
1,721,751
291,930 330,600
3,495,173
15,578,793
76,900 9,572,615
21,506,317 14,178,605 8,902,874 4,015,954 3,838,440 12,642,908 2,782,795
959,601 678,808 3,823,534
697,861
412,034
2,346,320 670,588,317

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...............................................

604,540 447,950 1,211,035
42,049,561 383,300
1,467,651
291,930 330,600
3,495,173
15,578,793
76,900 7,763,196
21,092,317 13,809,505 8,831,174 3,898,054 3,737,340 12,642,908 2,782,795
959,601 678,808 3,723,534
697,861
412,034
2,346,320 509,387,039
18,928,581
7,521,714 1,683,941
349,445 34,880 72,287 134,342 635,968 252,450 297,370 245,000
5,651,184
2,745,000

WEDNESDAY, MARCH 15, 1989

2403

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..................................................................$ Music Hall of Fame ........................................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

90,000
25,000
50,000 35,000
100,000
53,000
25,000 50,000
0 20,051,581 18,928,581

Department of Industry and Trade Functional Budgets

Total Funds

State Funds

Administration Economic Development Tourism Total

$

6,716,463

$

5,084,655

$

8,250,463

$

20,051,581

$

5,906,463

$

4,911,655

$

8,110,463

$

18,928,581

Section 24. 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....................................................................?

13,231,258
11,365,135 567,900 892,528 139,900 124,889 425,900 515,100 215,800 50,500
14,297,652 13,231,258

Department of Insurance Functional Budgets

Total Funds

State Funds

Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile
Home Regulations Total

?

2,038,161

?

6,545,218

?

601,266

$

5,113,007

?

14,297,652

$

2,038,161

$

6,415,218

?

601,266

?

4,176,613

?

13,231,258

Section 25. Department of Labor. Budget Unit: Department of Labor....................................................? State Operations:
Personal Services.............................................................................? Regular Operating Expenses .........................................................? Travel................................................................................................?

6,500,787
61,099,018 6,455,700
830,400

2404

JOURNAL OF THE HOUSE,

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....................................................................!

0 450,109 3,540,150 1,305,727 1,423,695
63,102,011 889,999 0
1,774,078 3,522,478 144,393,365 6,500,787

Department of Labor Functional Budgets

Total Funds

State Funds

Executive Offices Administrative Services Employment and Training
Services
Total

!

8,006,311

!

16,675,514

$ 119,711,540 $ 144,393,365

!

261,954

!

1,480,069

$

4,758,764

$

6,500,787

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....................................................................! State Funds Budgeted....................................................................!

8,513,322
7,651,249 414,072 132,000 0 31,680 203,321 413,900 88,000 60,000 110,000
9,104,222 8,513,322

Section 27. 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...............................................................................! SFY 1988 Benefits ..........................................................................$ Total Funds Budgeted....................................................................!

557,780,455
12,589,300 498,086 190,500 0 61,727
12,528,544 935,973 392,900
19,869,556
1,528,056,917
29,684,864 772,500
5,304,460 1,610,885,327

WEDNESDAY, MARCH 15, 1989

2405

State Funds Budgeted....................................................................$

557,780,455

Medical Assistance Functional Budgets

Total Funds

State Funds

Commissioner's Office Program Management Systems Management Administration Program Integrity Benefits, Penalties
and Disallowances Total

$

1,278,979

$

24,710,746

$

15,007,112

$

2,576,099

$

4,266,150

$ 1,563,046,241 $ 1,610,885,327

$

552,648

$

3,684,465

$

4,144,643

$

432,300

$

1,704,446

$ 547,261,953 $ 557,780,455

Section 28. 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........................................................................$

26,093,000
7,238,690 1,025,088
71,000 55,470 2,845,767 754,119 127,000 42,006,835 508,151,513 562,275,482 9,289,549

Employee and Employer Contributions ...............................................................................$

526,819,189

Deferred Compensation..................................................................$ State Funds......................................................................................$

73,744 26,093,000

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

$

2,509,632

$

1,130,788

$

1,206,597

$

1,294,553

$

13,397,867

$ 539,225,328

$

1,970,725

$

1,539,992

$ 562,275,482

$

0

$

0

$

0

$

0

$

0

$

26,093,000

$

0

$

0

$

26,093,000

Section 29. Department of Natural Resources. A. Budget Unit: Department of Natural
Resources..................................................................! Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel............................... .................................................................$

86,003,332
56,841,523 10,911,440
497,390

2406

JOURNAL OF THE HOUSE,

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................................................................................$ Grant - Chehaw Park Authority...................................................$ Grant - Zoo Atlanta........................................................................$ Total Funds Budgeted....................................................................!
Receipts from Jekyll Island
State Park Authority ..................................................................$ Receipts from Stone Mountain
Memorial Association .................................................................$

1,521,566 1,688,247
784,603 1,687,930 1,089,755 1,704,190
900,000 1,233,000
300,000
125,000
2,029,000
350,000 225,000 1,100,000 2,210,000
0
206,000 50,000
485,000
1,848,000
20,000
751,744 125,000 8,375,000
10,000
200,000 150,000
2,152,100 275,000
7,500,000 7,000 13,000
500,000 250,000 250,000 108,366,488
314,594
315,000

WEDNESDAY, MARCH 15, 1989

2407

Indirect DOAS Funding.................................................................$ State Funds Budgeted....................................................................$

200,000 86,003,332

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

$

14,181,693

$

27,704,112

$

37,778,448

$

26,977,198

$

1,725,037

$ 108,366,488

$

13,552,099

$

24,011,726

$

23,410,356

$

23,389,114

$

1,640,037

$

86,003,332

B. Budget Unit: Georgia Agricultural Exposition Authority ..........................................$
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
838,059 677,552 25,000 77,900 295,280
5,814 2,400 9,600 220,495
0 2,152,100
0

Functional Budgets

Total Funds

State Funds

Georgia Agricultural Exposition Authority

$

2,152,100

$

0

Section 30. 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....................................................................?

78,154,637
59,687,770 8,859,459
167,250 2,617,532
943,481 4,224,364
45,018 1,311,813
258,850 232,500
200,000 275,000 981,600 79,804,637 1,650,000 78,154,637

2408

JOURNAL OF THE HOUSE,

Public Safety Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

$

16,177,813

$

16,202,828

$

47,423,996

$

79,804,637

16,177,813 14,552,828 47,423,996 78,154,637

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....................................................................?

14,006,961
6,928,399 2,361,826
134,000 61,870 233,183 363,312 92,687 159,000 1,049,800 2,672,323 100,000 14,156,400 13,671,400

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....................................................................?

440,551 29,600 13,000
0 0 40,000 69,988 5,000 18,800 3,500,000 4,116,939 335,561

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

$

4,116,939

?

4,699,985

?

939,682

?

1,262,519

?

419,356

?

293,052

?

6,541,806

?

18,273,339

?

335,561

?

4,699,985

?

919,682

?

1,182,519

?

419,356

?

293,052

?

6,156,806

$

14,006,961

Section 31. Public School Employees' Retirement System.

WEDNESDAY, MARCH 15, 1989

2409

Budget Unit: Public School Employees'
Retirement System .................................................$ Departmental Operations Budget:
Payments to Employees' Retirement System..................................................................$
Employer Contributions.................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................?

13,915,342
291,342 13,624,000 13,915,342 13,915,342

Section 32. 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....................................................................?

7,840,796
6,416,704 401,012 247,660 83,491 163,148 331,000 288,369 115,752
1,250,000 9,297,136 7,840,796

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration Transportation
Utilities Total

?

1,596,231

?

3,080,945

?

4,619,960

?

9,297,136

1,596,231 1,797,745 4,446,820 7,840,796

Section 33. 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......................... Forestry Research.................................................. Research Consortium............................................ Eminent Scholars Program.................................. Capital Outlay....................................................... Total Funds Budgeted.......................................... Departmental Income........................................... Sponsored Income................................................. Other Funds........................................................... Indirect DOAS Services Funding....................... State Funds Budgeted..........................................

759,827,630
770,863,522 110,000,000
201,867,611 125,000,000 14,000,000
346,605 377,917 300,000
0 0 21,925,000 1,244,680,655 29,000,000 235,000,000 217,825,725 3,027,300 759,827,630

2410

JOURNAL OF THE HOUSE,

B. Budget Unit: Regents Central Office and Other Organized Activities...................................................................$
Regents Central Office and Other Organized Activities Budget: Personal Services: Educ., Gen., and Dept. Svcs......................................................$ Sponsored Operations.................................................................! Operating Expenses: Educ., Gen., and Dept. Svcs......................................................$ Sponsored Operations.................................................................! Fire Ant and Environmental Toxicology Research ...................................................................$ Agricultural Research .....................................................................$ Advanced Technology Development Center ...................................................................$ Capitation Contracts for Family Practice Residency.........................................................? Residency Capitation Grants.........................................................$ Student Preceptorships ..................................................................$ Center for Rehabilitation Technology ...................................................................................$ SREB Payments..............................................................................? Medical Scholarships......................................................................? Regents Opportunity Grants.........................................................? Regents Scholarships......................................................................? Rental Payments to Georgia Military College...........................................................................? CRT Inc. Contract at Georgia Tech Research Institute.......................................................................? Total Funds Budgeted....................................................................? Departmental Income.....................................................................? Sponsored Income...........................................................................? Other Funds.....................................................................................? Indirect DOAS Services Funding .................................................? State Funds Budgeted....................................................................?

143,184,352
187,212,287 62,160,402
85,578,922 29,260,707
270,780 2,048,179
1,435,050
2,677,250 2,556,660
158,000
714,637 12,521,000
839,750 600,000 200,000
818,346
211,000 389,262,970
0 91,421,109 154,101,809
555,700 143,184,352

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 Education Extension
Services Agricultural
Experiment Stations Cooperative Extension
Service Eugene Talmadge
Memorial Hospital Veterinary Medicine
Experiment Station

1,867,811 3,581,555 1,527,038 111,446,413 6,242,888 50,227,473 48,512,267 130,142,722 2,953,426

$

1,182,103

?

1,518,237

?

931,338

?

12,839,713

?

2,260,088

?

33,766,696

?

32,985,567

?

28,117,195

?

2,953,426

WEDNESDAY, MARCH 15, 1989

2411

Veterinary Medicine Teaching Hospital
Joint Board of Family Practice
Georgia Radiation Therapy Center
Athens and Tifton Veterinary Laboratories
Regents Central Office Total

$

2,334,750

$

5,767,380

$

1,947,105

$

2,413,747

$

20,298,395

$

389,262,970

501,750
5,767,380
0
62,464 20,298,395 143,184,352

C. Budget Unit: Georgia Public Telecommunications Commission.........................
Public Telecommunications Commission Budget: Personal Services........................................ Operating Expenses................................... Total Funds Budgeted............................... Other Funds................................................ State Funds Budgeted...............................

5,415,229 6,351,258 11,766,487 4,546,977 7,219,510

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...............................

68,795,693
45,682,432 3,849,600 1,339,000
168,100 738,892 7,964,608 2,676,452 723,500 290,050
1,904,000
1,430,000 2,750,000 3,124,059 72,640,693 3,845,000 68,795,693

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

4,608,891 9,914,741 3,015,337 15,738,661 8,088,501 15,259,023 6,414,501 4,454,581 5,146,457 72,640,693

4,608,891 9,714,741 2,797,337 15,438,661 7,131,501 13,627,023 6,414,501 4,373,581 4,689,457 68,795,693

2412

JOURNAL OF THE HOUSE,

Section 35. Secretary of State. A. 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....................................................................!

21,712,634 14,413,296 2,508,509
235,200 146,403 77,428 725,147 2,242,319 274,476 589,856 500,000 21,712,634 21,712,634

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

!

2,985,387

!

4,949,975

!

4,280,535

!

1,171,608

$

942,873

!

184,258

$

7,197,998

!

21,712,634

!

2,985,387

!

4,949,975

$

4,280,535

!

1,171,608

!

942,873

!

184,258

!

7,197,998

!

21,712,634

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

!

40,500

$

216,474

$

113,000

$

251,417

!

800

$

3,397

$

5,750

$

48,597

$

23,380

$

165,726

$

28,500

$

122,250

$

122,500

$

637,275

$

49,500

!

896,635

$

63,750

$

306,785

$

10,000

$

18,144

$

88,300

$

391,463

$

3,800

!

29,406

!

26,000

$

188,170

!

6,800

!

16,994

$

8,500

$

21,671

WEDNESDAY, MARCH 15, 1989

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.............................

21,600 3,965
16,000 115,000 16,000 79,000 10,500 20,000 10,000 84,500 17,000
7,500 7,000 55,500 15,000 21,500 8,500 7,500 15,000
13,850 45,000
12,100 1,200,595

2413
31,217
20,966
113,073
1,193,058
41,555 1,081,927
38,664
47,369 18,900 541,543 70,530 21,129 30,669
592,702
315,722
59,859 21,048
29,894
203,990
49,920 81,987
182,652 8,114,358
1,552,017
882,298 139,235 12,000 16,734 10,330 234,920 108,500 47,000 101,000 1,552,017 1,552,017

2414

JOURNAL OF THE HOUSE,

Real Estate Commission Functional Budget

State Funds

Cost of Operations

Real Estate Commission

$

1,552,017

$

1,592,017

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....................................................................$

1,775,968
829,755 119,206 55,000
0 11,516 6,635 44,660 15,500 155,300 538,396 1,775,968 1,775,968

Section 37. 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....................................................................$

20,569,394
3,975,904 373,300 65,800 0 19,395 285,000 125,000 17,500 381,625
4,110,000 13,338,227 5,020,320
42,000
108,000 200,000
407,000
454,300 28,923,371 20,569,394

Georgia Student Finance Commission Functional Budgets

Total Funds

State Funds

Internal Administration Higher Education
Assistance Corporation Georgia Student
Finance Authority Total

$

4,861,899

$

381,625

$

23,679,847

$

28,923,371

$

0

$

381,625

$

20,187,769

$

20,569,394

WEDNESDAY, MARCH 15, 1989

2415

Section 38. Teachers' Retirement System. Budget Unit: Teachers' Retirement
System ......................................................................$ Departmental Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Equipment........................................................................................I 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....................................................................?

3,677,500
2,774,839 271,212 26,000 14,275 981,516 309,375 87,500 336,000
2,800,000
877,500
0 8,478,217 3,677,500

Section 39. 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....................................................................$

126,013,844
3,486,423 311,213 105,000 0 25,100
1,803,216 380,000 56,185
1,007,000 74,851,104 10,673,506 7,440,000 4,840,354 27,021,806 2,709,714 5,653,680 140,364,301 126,013,844

Institutions Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

$

7,174,137

$ 133,190,164

$ 140,364,301

5,304,482 120,709,362 126,013,844

Section 40. Department of Transportation. Budget Unit: Department of
Transportation ................................ For Public Roads and Bridges, for Grants to
Counties for Road Construction and Maintenance,

656,484,979

2416

JOURNAL OF THE HOUSE,

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....................................................................!

218,662,313 52,460,244
1,718,000 1,020,000 5,216,095 4,251,229 1,357,789 1,940,320 9,235,041 614,947,607 9,317,013 9,317,000
1,250,000
1,270,000 10,395,426
1,263,500
0 45,741,427 989,363,004 656,484,979

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 Paving at State Facilities Total

$ 554,977,226

$ 192,098,526

!

8,209,064

$

9,317,013

!

20,817,610

$

900,000

! 786,319,439

$ 254,054,505

$ 181,021,908

$

7,548,964

$

9,317,013

$

20,157,610

$

900,000

$ 473,000,000

General Funds Budget

Total Funds

State Funds

Grants to Municipalities Paving at State and
Local Schools and State Institutions Air Transportation Inter-Modal Transfer Facilities Harbor Maintenance Activities Planning and Construction Maintenance and Betterments Total

$

9,317,000

$

750,000

$

1,683,784

$

15,029,281

$

1,263,500

$ 135,000,000

!

40,000,000

! 203,043,565

$

317,000

$

750,000

$

1,183,784

$

4,970,695

$

1,263,500

$ 135,000,000

$

40,000,000

$ 183,484,979

Section 41. Department of Veterans Service. Budget Unit: Department of Veterans
Service......................................................................! Departmental Operations Budget:

19,924,381

WEDNESDAY, MARCH 15, 1989

2417

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....................................................................!

4,718,887 111,080 89,000 0 67,100 6,500 223,102 60,000 16,700 0
12,942,633
5,721,230
259,000 24,215,232 19,924,381

Veterans Service Functional Budgets

Total Funds

State Funds

Veterans Assistance Veterans Home and Nursing
Facility - Milledgeville Veterans Nursing
Home - Augusta Total

5,241,769
13,143,233
5,830,230 24,215,232

5,013,961
10,412,190
4,498,230 19,924,381

Section 42. 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....................................................................!

7,976,713
6,447,143 297,625 65,250 0 21,715 328,305 608,000 103,695 179,980
8,051,713 7,976,713

Section 43. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued)............................................!
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New)...............................................!

299,931,569 11,270,000

Section 44. Provisions Relative to Section 3, Supreme Court. The appro priations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing

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the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts.
Section 45. Provisions Relative to Section 4, Court of Appeals. The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contribu tions for judges and employees of the Court.
Section 46. Provisions Relative to Section 5, Superior Courts. The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attor neys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to attend the Judicial College.
From the appropriations in Section 5, a specific sum is hereby appropriated and desig nated for the purpose of funding a new judgeship in each of the following judicial circuits:
A.) Cherokee Judicial Circuit B.) Atlanta Judicial Circuit C.) Chattahoochee Judicial Circuit D.) Southern Judicial Circuit E.) Atlantic Judicial Circuit F.) Eastern Judicial Circuit
Section 47. Provisions Relative to Section 6, Juvenile Courts. The appro priations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juve nile Court Judges created by Code Section 15-11-4.
Section 48. Provisions Relative to Section 7, Institute of Continuing Judicial Education. The appropriations in Section 7 (Institute of Continuing Judicial Edu cation) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 49. Provisions Relative to Section 8, Judicial Council. The appro priations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judi cial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court reporting of the Judicial Council, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.
Section 50. Provisions Relative to Section 17, State Board of Education - Department of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,585.52. In addition, all local school system allot ments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.
From the Appropriations in Section 17, 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 $600,000 for FY 1990.

WEDNESDAY, MARCH 15, 1989

2419

From the Appropriations in Section 17, 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.
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, and which meet criteria and standards prescribed by the State Board of Education for middle school pro grams.
Provided, that of the above appropriations relative to Regional Educational Service Agencies (RESAs), funds will be allocated to each RESA for SPY 1990 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 1990 that it contributed during SFY 1989.
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.
From the appropriations in Section 17, funds in the amount of $100,000 are desig nated and committed for the production and distribution of school and system profiles as provided for in O.C.G.A. 20-2-282 (d).

Section 51. Provisions Relative to Section 22, 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 66.0% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum stan
dards of need shall apply:

Number in Asst. Group
1 2 3 4 5 6 7 8 9 10 11

Standards of Need $ 229
347 414 488 559 606 656 696 733 784 839

Maximum Monthly Amount $ 151 229 273 322 369 400 433 459 484 517 554

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 1990 that was authorized in fiscal year 1987.

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Section 52. Provisions Relative to Section 27, Department of Medical Assistance. Provided that of the State fund appropriation to the Department of Medi cal Assistance, $2,000,000 is designated and committed for Benefit Payments for services provided in State Fiscal Year 1988.
Section 53. Provisions Relative to Section 28, Merit System of Personnel Administration. The Department is authorized to assess no more than $162.44 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 1990 shall not exceed ten and one-quarter percent (10.25%).
Section 54. Provisions Relative to Section 29, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropri ated in Section 29 (Department of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 29.
From the appropriation in Section 29 (Department of Natural Resources) relative to Environmental Facilities Grants, $1,000,000 shall be available for allotment to counties and municipalities for emergency-type water and sewer projects, and all other grants to local governments for water and sewer projects shall utilize a maximum State match of 50% of the total cost of each project. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.
To the extent that State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in Section 29, the Department of Natural Resources is authorized to use the excess receipts to provide for the most immediate criti cal 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, 1989.
Section 55. Provisions Relative to Section 30, Department of Public Safety. The Georgia Police Academy is authorized to employ two drug police instruc tors utilizing federal funds.
Section 56. Provisions Relative to Section 33, Board of Regents, University System of Georgia. The Board of Regents is authorized to transfer other object class surpluses to Capital Outlay and Equipment Purchases without approval of the Office of Planning and Budget or the Fiscal Affairs Subcommittees.
The Board of Regents is authorized to continue development of quality added pro grams and to provide initial support for the development (as approved by the Board of Regents) of regional universities.
Section 57. 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 pur chase of either 1983 or 1990 motor vehicle tags.
Section 58. Provisions Relative to Section 39, Department of Technical and Adult Education. None of the State funds appropriated in Section 39 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 40, Department of Transportation. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary

WEDNESDAY, MARCH 15, 1989

2421

authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart ment of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years 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 he used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation pay able in lieu of the Motor Fuel Tax Funds appropriated in Section 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 sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
Section 60. In addition to all other appropriations for the State fiscal year ending June 30, 1990, 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 $8,070,000 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 ($7,950,000 Budget Unit "B") in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of provid ing funds for the operation of the Employment Service and Unemployment Insurance Pro grams in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the anticipated departmental annual remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 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.

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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 effec tive matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
Section 65. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 66. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 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 Tele communications Network either directly or indirectly.
Section 69. In accordance with the requirements of Article IX, Section VI, Para graph la of the Constitution of the State of Georgia, as amended, there is hereby appropri ated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional 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 insuffi cient to make the required payments in full, there shall be taken from other funds appro priated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appro priations.
Section 70. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1989 regular session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatso ever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs

WEDNESDAY, MARCH 15, 1989

2423

Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Repre sentatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, 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 adminis tration of the annual operating budget.
Section 71. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classifi cation following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall super sede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.
Section 72. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.
Section 73. Provisions Relative to Section 43, State of Georgia General Obligation Debt Sinking Fund. With regard to the appropriations in Section 43 for "State of Georgia General Obligation Debt Sinking Fund (New)," the maximum maturi ties, user agencies and user authorities, purposes, maximum principal amounts and appro priations 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), $1,650,000 is specifically appropriated for the pur pose of financing acquisitions of real property for the Department of Natural Resources, through the issuance of not more than $15,000,000 in principal amount of General Obli gation 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), $550,000 is specifically appropriated for the purpose of financing demolition, decontamination and other site preparation for the George L. Smith II Georgia World Congress Center on real property of the State of Georgia in the custody of the Department of Industry and Trade, through the issuance of not more than $5,000,000 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), $4,070,000 is specifically appropriated for the pur pose of financing a specialized care unit at the Medical College of Georgia for the Board of Regents of the University System of Georgia, by means of the acquisition, construction,

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development, extension, enlargement, and improvement of land, property, buildings, struc tures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more that $37,000,000 in principal amount of Gen eral 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), $5,000,000 is specifically appropriated for the Georgia Environmental Facilities Authority for the purpose of financing loans to local governments and local government entities for water and sewage systems, through the issu ance of not more than $20,000,000 in principal amount of General Obligation Debt.

Section 74. Delayed Hiring Factor by Department.

Dept. of Corrections "A" Dept. of Human Resources "A" Dept. of Human Resources "B" Dept. Technical and Adult Dept of Veterans Services Dept. of Public Safety "A"

$

16,556,000

$

1,631,441

$

4,200,000

$

247,133

$

1,150,000

$

373,009

Section 75. Cost-of-Living Increases. This General Assembly has distributed to and included in the agency appropriations listed hereinbefore State Funds for the pur poses described herein: 1.) An increase of 2.5% for full-time employees of the Executive, Judicial and Legislative branches of state government, effective July 1, 1989; 2.) For teach ers, public librarians, and other instructional and support personnel, an increase from $17,823 to $18,358 for the T-4 entrance level, with first and second year teachers to be paid as those with two years of experience and with resumption of annual increments after completion of one year experience and performance based certification, effective the following month; 3.) For the teacher salary schedule to be adjusted to provide an increase in the longevity factor from 2.8% to 2.9%, effective September 1, 1989; 4.) For school bus drivers and lunchroom workers, a 2.5% increase to be effective July 1, 1989; 5.) For Uni versity System employees, a 2.5% salary increase to be effective September 1, 1989, for academic contracted personnel and for a 2.5% salary increase, effective July 1, 1989, for non-academic personnel, and fiscal year contracted personnel of the University System and employees of the Athens and Tifton Veterinary Laboratories, the Poultry Veterinary Diag nostic Laboratories, the Cooperative Extension Service and the Agricultural Experiment Station; and 6.) An increase of 2.5% for State officials whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia General Assembly, as amended, as author ized in said act, Code Section 45-7-4.
In addition, there has been distributed to and included in the agency appropriations listed hereinbefore State Funds for two 1.5% cost-of-living adjustments for retired mem bers of the Employee Retirement System.

Section 76. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 1990.................................................................................$ 7,498,000,000

Section 77. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 78. All laws and parts of laws in conflict with this Act are repealed.

Representative Walker of the 115th moved that the House adopt the report of the Committee of Conference on HB 145.
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
N Bannister

Y Barfoot Y Bargeron Y Barnett,B

WEDNESDAY, MARCH 15, 1989

2425

N Bainett.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 Childera Y Clark,B N 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 N Davis.M Y Dixon.H Y Diion.S
Y Dobbs Y Dover Y Dunn
Y Edwards N Ehrhart Y Felton Y Fennel Y Floyd Y Foster YGodbee N Gcodwin Y Green
Y Greene N 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 N 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 N Lawrence Y Lawson YLee N Linder
YLong YLord Y Lucas N 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

On the motion, the ayes were 153, nays 19. The motion prevailed.

N Morton Y Moultrie
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 N 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 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 N Townsend YTwiggs N Vaughan Y Waddle Y 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

Representative Mueller of the 126th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representatives Thomas of the 69th and Robinson of the 96th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

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 Senate amendment was read:

Amend HB 567 by striking on page 4, line 31, the period after the word "chapter", and by adding the following:
"including but not limited to agreement by the applicant to accept medicare assign ment and to accept patients covered under the medicaid program during the period of the loan repayment."

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JOURNAL OF THE HOUSE,

The following amendment to the Senate amendment was read and adopted:

Representative Coleman of the 118th moves to amend the Senate Amendment to HB 567 by striking from said amendment the following:
"line 31, the period after the word 'chapter', and by adding the following:
'including but not limited to agreement by the applicant to accept medicare assign ment and to accept patients covered under the Medicaid program during the period of the loan repayment.'",
and inserting in its place the following:
"lines 22 through 24 the following: 'and
(4) Indications of community support for more physicians in the area.',
and inserting in its place the following: '(4) Indications of community support for more physicians in the area; and
(5) Indications that access to the physician's services is available to every person in the underserved area regardless of ability to pay."'

Representative Coleman of the 118th moved that the House agree to the Senate amendment to HB 567, 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
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
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 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
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
Lord Y Lucas
Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney.B

On the motion, the ayes were 163, nays 0.

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 YParham Y Parrish
Y Patten Y Pettit Y Pinkston YPoag Y Porter
Poston Y Powell
Y Rainey YRandall 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 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
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J
Yates Y Yeargin
Murphy.Spkr

WEDNESDAY, MARCH 15, 1989

2427

The motion prevailed.

The following Resolution of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SR 176. By Senators Dean of the 31st, Olmstead of the 26th, Harris of the 27th and others:
A resolution creating the Commission to Establish the City of Macon as the Permanent Site of the Georgia Music Hall of Fame.

Representative Pinkston of the 100th moved that the House adhere to its position in amending SR 176 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Pinkston of the 100th, Randall of the 101st and Groover of the 99th.

The following Bill of the Senate was taken up for the purpose of considering the Senate's insistence on its position in amending the House substitute thereto and appoint ing a Committee of Conference thereon:

SB 137. By Senator Kidd of the 25th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Anno tated, relating to exemption from applicability, so as to provide for a new exemption for certain renovation and replacement projects; to provide an effective date.

Representative Childers of the 15th moved that the House insist on its position in disagreeing to the Senate amendment to the House substitute to SB 137 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Childers of the 15th, Parham of the 105th and Green of the 106th.

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 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 Anno tated, 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.

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JOURNAL OF THE HOUSE,

Representative Rainey of the 135th moved that the House insist on its position in disagreeing to the Senate amendment to HB 264 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Rainey of the 135th, Moody of the 153rd and McKelvey of the 15th.

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

SR 54. 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 pro vide an effective date.

The following Senate substitute was read:

A RESOLUTION
Authorizing and directing the conveyance of certain state owned property located in Baldwin County, Georgia; to provide for intent with respect to a specific Act enacted in 1987; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of four parcels of real property in Baldwin County, two of which are located within the right-of-way limits of U. S. Highway 441 in Baldwin County, Georgia; and
WHEREAS, Parcel "A" and Parcel "B" of the property are approximately 150 acres located in Land Lot 266 and Land Lot 281 and identified on a drawing on file in the office of the State Properties Commission and more particularly identified and described by a plat of survey suitable for recording in Baldwin County to be provided to the State Prop erties Commission prior to the conveyance of said parcels of property; and
WHEREAS, Parcel "C" of the property is approximately 28.06 acres and Parcel "D" of the property is approximately 2.90 acres; and
WHEREAS, Parcel "C" and Parcel "D" of said real property are all those tracts or parcels of land lying and being in Baldwin County, Georgia, and being generally described as "fPoAlloRwCs:EL 'C'
All that tract or parcel of land lying and being in Land Lots 265, 266 and 281 of the 1st Land District of Baldwin County, Georgia, being more particularly described as follows: BEGINNING at a point 150 feet right of and opposite station 294 + 00 on the construction centerline of Georgia Highway Project EDS-441(2) Ct. 1; running thence N 87 degrees 54'01" W a distance of 394.3 feet to a point 200 feet left of and opposite station 295 + 80 on said construction centerline; thence north westerly along a curved line 200 feet left of and parallel to said construction centerline, an arc distance of 132.6 feet to a point 200 feet left of and opposite station 297+00 on said construction centerline; thence N 70 degrees 51'43" E a distance of 50 feet to a point 150 feet left of and opposite station 297 + 00 on said construction centerline; thence northerly and northwesterly along a curved line

WEDNESDAY, MARCH 15, 1989

2429

150 feet left of and parallel to said construction centerline, an arc distance of 575.8 feet to a point 150 feet left of and opposite station 302 + 33.9 on said con struction centerline; thence N 03 degrees 07'15" W a distance of 3,208.8 feet to a point 150 feet left of and opposite station 334+42.7 on said construction centerline; thence N 54 degrees 47'36.5" E a combined distance of 354.6 feet to a point 116 feet right of and opposite station 336+35.2 on said construction centerline; thence southeasterly along a curved line with a radius of 838.93 feet an arc dis tance of 29.1 feet to a point of 116.0 feet right of and opposite station 336 + 02.1 on said construction centerline; thence S 03 degrees 07'15" E a distance of 752.1 feet to a point 150 feet right of and opposite station 328 + 50 on the construction centerline of said project; thence northeasterly along a straight line to a point 180 feet right of and opposite station 328+50 on said construction centerline; thence southeasterly along a straight line to a point 180 feet right of and opposite station 325 + 50 on said construction centerline; thence southwesterly along a straight line to a point 150 feet right of and opposite station 325 + 50 on said construction centerline; thence S 03 degrees 07' 15" E a distance of 2,316.1 feet to a point 150 feet right of and opposite station 302 + 33.9 on said construction centerline; thence southerly and southeasterly along a curved line 150 feet right of and paral lel to said construction centerline, an arc distance of 768.4 feet back to the point of BEGINNING. Said property is further identified as Parcel Number 23 on that certain plat prepared by the Department of Transportation for Project Number E"PDASR-4C4KE2L)'DC't. 1, Baldwin County, dated August 6, 1987."
All that tract or parcel of land lying and being in Land Lot 281 of the 1st Land District of Baldwin County, Georgia, being more particularly described as follows: BEGINNING at a point on the northwesterly existing right of way line of Georgia Railroad, said point being 66 feet right of and opposite station 338 + 04.4 on the construction centerline of Georgia Highway Project EDS-441(2) Ct. 1; running thence S 54 degrees 47'36.4" W a combined distance of 315.9 feet to a point 184 feet left of and opposite station 336 + 17.0 on said construction centerline; thence northeasterly along a line 184 feet left of and parallel to said con struction centerline to a point 184 feet left of and opposite station 343 + 77.9 on said construction centerline, said point also being on the southerly existing rightof-way line of State Route 22; thence southeasterly along said existing southerly right-of-way line a combined distance of 206.7 feet to a point 7.0 feet right of and opposite station 344 + 56.7 on said construction centerline, said point also being of a property line between the lands of grantor and the lands now or formerly owned by Georgia Power Company; thence southwesterly along said latter prop erty line a distance of 463.4 feet to the intersection of another property line between the lands of the grantor and said Georgia Power Company lands at a point 6.8 feet left of and opposite station 339 + 90.5 on said construction centerline; thence southeasterly along said latter property line a combined distance of 197.1 feet to the intersection of said northwestern existing Railroad right of way line; thence southwesterly along said northwestern existing Railroad right of way line a distance of 187.9 feet back to the point of BEGINNING. Said property is further identified as Parcel Number 24 on that certain plat pre pared by the Department of Transportation for Project Number EDS-441(2) Ct. 1, Baldwin County, dated August 6, 1987."; and
WHEREAS, the Development Authority of City of Milledgeville and Baldwin County is desirous of obtaining Parcel "A" and Parcel "B" of the above-described property; and
WHEREAS, the Department of Transportation is desirous of obtaining Parcel "C" and Parcel "D" of the above-described property for the U. S. Highway 441 - Milledgeville By-Pass; and
WHEREAS, this property is not needed by the State of Georgia and therefore is sur plus.

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JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the above-described property and, in all matters relating to the conveyance of the property, the State of Georgia is act ing by and through the State Properties Commission.
Section 2. That Parcel "A" and Parcel "B" of the above-described real property shall be conveyed by appropriate instrument to the Development Authority of City of Milledgeville and Baldwin County by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $650.00 and upon such other terms and conditions as the State Properties Commission shall determine to be in the best inter est of the State of Georgia.
Section 3. That Parcel "C" and Parcel "D" of the above-described real property shall be conveyed by appropriate instrument to the Department of Transportation by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $650.00 and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interest of the State of Georgia.
Section 4. That, if the Development Authority of the City of Milledgeville and Baldwin County determines the need to convey all or a portion of Parcel "A" or Parcel "B" of the above-described property to a private person or corporation or other entity, then before any such disposition the State Properties Commission shall have first approved both the disposition and the monetary consideration for said disposition, which consideration shall not be less than the fair market value of such property. Any such State Properties Commission approval shall be conditioned on said monetary consideration, less any incurred expenses of disposition which have been approved by the State Properties Commission, being received and deposited by the State Properties Commission into the treasury of the State of Georgia.
Section 5. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
Section 6. That a plat of survey shall be provided by purchaser, suitable for record ing in Baldwin County, and presented to the Executive Director of the State Properties Commission for his approval.
Section 7. That it is the intent of the General Assembly that the resolution, Resolu tion Act No. 15, S.R. 17, authorizing the conveyance of certain state owned real property located in the City of Milledgeville, Baldwin County, to Baldwin County Home for Elderly, Inc., approved April 2, 1987 (Ga. L. 1987, p. 695), be implemented and carried out immediately.
Section 8. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval and in accordance with the provisions hereof.
Section 9. That all laws and parts of laws in conflict with this resolution are repealed.

Representative Colwell of the 4th moved that the House disagree to the Senate substi tute to the House substitute to SR 54.
The motion prevailed.

The Speaker announced the House in recess until 1:45 o'clock this afternoon.

WEDNESDAY, MARCH 15, 1989

2431

AFTERNOON SESSION

The Speaker called the House to order.
The following Resolutions of the House were read and adopted:
HR 506. By Representatives Bailey of the 72nd, Murphy of the 18th, Jackson of the 83rd, McDonald of the 12th, Groover of the 99th and others: A resolution commending Mrs. Alice H. Kaufmann.
HR 507. By Representatives Cummings of the 17th, Connell of the 87th, Murphy of the 18th, Lee of the 72nd and Groover of the 99th: A resolution commending Honorable Suzi Herbert.
HR 508. By Representative Redding of the 50th: A resolution commending Mr. Osker Mohead.
HR 509. By Representatives Martin of the 26th, Watson of the 114th and Atkins of the 21st: A resolution expressing best wishes to Carl T. Martin, Jr.
HR 510. By Representatives Chambless of the 133rd, White of the 132nd, Cummings of the 134th and Balkcom of the 140th: A resolution commending Coach Carl Madison.
HR 511. By Representatives Williams of the 48th, Lawrence of the 49th, Tolbert of the 58th, Davis of the 45th, Stancil of the 8th and others: A resolution commending President Ronald Wilson Reagan on his seventyeighth birthday.
HR 512. By Representative Mangum of the 57th: A resolution commending Dr. Sidney Home upon his retirement.
HR 513. By Representative Davis of the 45th: A resolution commending the 1987-1988 Marist School athletes and athletic teams.
HR 514. By Representatives Teper of the 46th, Walker of the 85th, Morton of the 47th, Martin of the 26th, Oliver of the 53rd and others: A resolution supporting "glasnost" and the emigration of Soviet Jews and Christians.
HR 515. By Representatives McDonald of the 12th, Murphy of the 18th and Connell of the 87th: A resolution commending the Legislative Budget Office.

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JOURNAL OF THE HOUSE,

HR 516. By Representative Williams of the 48th: A resolution commending Ms. Mary Ann Smith.

HR 517. By Representative Clark of the 13th: A resolution commending the Hart County Lady Bulldogs basketball team.

HR 518. By Representative Hudson of the 117th:
A resolution commending the Hawkinsville High School Lady Devils basket ball team.

HR 519. By Representatives Adams of the 79th, Walker of the 115th, Lee of the 72nd, Porter of the 119th, Groover of the 99th and others:
A resolution commending Honorable Sam Nunn.

HR 520. By Representative Holland of the 136th:
A resolution congratulating Bobby R. Holland, Sr., on the occasion of his 60th birthday.

HR 521. By Representative Davis of the 45th: A resolution commending the Marist School War Eagles basketball team.

HR 522. By Representatives Martin of the 26th, McKinney of the 40th, Orrock of the 30th and Hooks of the 116th:
A resolution commending Ray Kluka.

HR 523. By Representatives Williams of the 48th, Lawrence of the 49th, Tolbert of the 58th and Linder of the 44th:
A resolution commending Mr. Thomas Smith Page III.

HR 524. By Representatives Bailey of the 72nd, Benefield of the 72nd, Lee of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A resolution commending Dr. O. Wayne Brooks.

HR 525. By Representatives Bailey of the 72nd, Holcomb of the 72nd, Benefield of the 72nd, Lee of the 72nd and Davis of the 72nd:
A resolution commending the Morrow Senior High School girls basketball team.

HR 526. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A resolution commending Paul T. Addis.

HR 527. By Representatives McKinney of the 40th, Martin of the 26th, Thomas of the 31st, Thurmond of the 67th, Hooks of the 116th and others:
A resolution commending Helping Hands, Inc., and Mr. Allan Jones.

WEDNESDAY, MARCH 15, 1989

2433

HR 528. By Representatives Colwell of the 4th, Twiggs of the 4th, Murphy of the 18th, McDonald of the 12th, Dover of the llth and others:
A resolution expressing condolences at the passing of Mr. Howard Simmons.

HR 529. By Representatives Snow of the 1st, McDonald of the 12th and McCoy of the 1st:
A resolution expressing regret at the passing of Mr. Herbert J. Moye.

HR 530. By Representatives Gresham of the 21st, Heard of the 43rd and McCoy of the 1st:
A resolution commending Tom Hammonds.

HR 531. By Representative Benn of the 38th: A resolution commending the Women for Morris Brown College.

HR 532. By Representatives Kilgore of the 42nd, McDonald of the 12th, Watson of the 114th and Connell of the 87th:
A resolution commending the National Association of Home Builders and the Building Industry Association of Georgia on the occasion of NAHB's highly successful 45th Annual Convention and Exposition.

HR 533. By Representatives Buck of the 95th, Adams of the 79th, Lane of the lllth, Patten of the 149th, Childers of the 15th and others:
A resolution commending Thomas (Tom) E. Daniel.

HR 534. By Representatives Hanner of the 131st, Murphy of the 18th, Mangum of the 57th, Lawrence of the 49th, Dixon of the 128th and others:
A resolution urging the State Board of Education to facilitate an accurate census of population in 1990.

HR 535. By Representatives Isakson of the 21st, Aiken of the 21st and Gresham of the 21st:
A resolution commending Dr. Thomas S. Tocco.

HR 536. By Representatives Harris of the 84th and Yeargin of the 14th:
A resolution expressing regret at the passing of Honorable Sam P. McGill, Senator from the 24th District.

HR 537. By Representatives Dover of the llth, Colwell of the 4th, Twiggs of the 4th, Dixon of the 128th and Jamieson of the llth:
A resolution recognizing and commending C. A. "Clarence" Stamey.

HR 538. By Representatives Selman of the 32nd, Abernathy of the 39th, McKinney of the 40th, McKinney of the 35th, Lane of the 27th and others:
A resolution requesting and urging the Board of Education of Fulton County to conduct a study relative to the finances and expenditures of the Fulton County School System.

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JOURNAL OF THE HOUSE,

HR 539. By Representatives Dover of the llth, Murphy of the 18th, Twiggs of the 4th and Colwell of the 4th:
A resolution urging the Honorable Ned McWherter, Governor of the State of Tennessee, to implement immediate corrective action to achieve compliance with the Environmental Protection Agency order with respect to the Pigeon River.

HR 540. By Representatives Murphy of the 18th, Colwell of the 4th, Lee of the 72nd, McDonald of the 12th, Coleman of the 118th and others:
A resolution commending the Donaghadee Male Voice Choir.

HR 541. By Representatives Dover of the llth, Murphy of the 18th, Hooks of the 116th, Twiggs of the 4th, Dixon of the 128th and Irwin of the 13th:
A resolution relative to the application filed by the Los Angeles-Hollywood Chamber of Commerce to register the name "Hollywood, California" as an official trademark.

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

SB 371. By Senator Deal of the 49th:
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 provide for a statement of basic principles relative to the detention of juveniles.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings, so as to provide for a statement of basic principles relative to the detention of juveniles; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings, is amended by adding, following Code Section 15-11-18, a new Code Section 15-11-18.1 to read as follows:
"15-11-18.1. (a) As a matter of public policy, restraints on the freedom of accused juveniles prior to adjudication should only be imposed when there is clear and convincing evidence to support this course of action. In the absence of such evidence, the preferred course in each case should be unconditional release.
(b) The imposition of interim control or detention on an accused juvenile may be considered for the purposes of:
(1) Protecting the jurisdiction and process of the court; (2) Reducing the likelihood that the juvenile may inflict serious bodily harm on others during the interim period; or (3) Protecting the accused juvenile from imminent bodily harm upon his or her request. (c) Interim control or detention should not be imposed on an accused juvenile: (1) To punish, treat, or rehabilitate the juvenile; (2) To allow parents to avoid their legal responsibilities; (3) To satisfy demands by a victim, the police, or the community; (4) To permit more convenient administrative access to the juvenile; or

WEDNESDAY, MARCH 15, 1989

2435

(5) To facilitate further interrogation or investigation. (d) Whenever an accused juvenile cannot be unconditionally released, conditional or supervised release that results in the least necessary interference with the liberty of the juvenile should be favored over more intrusive alternatives. (e) Whenever the interim curtailment of an accused juvenile's freedom is permitted under this Code section, the exercise of authority should reflect the following values:
(1) Respect for the privacy, dignity, and individuality of the accused juvenile and his or her family;
(2) Protection of the psychological and physical health of the juvenile; (3) Tolerance of the diverse values and preferences among different groups and individuals; (4) Assurance of equality of treatment by race, class, ethnicity, and sex; (5) Avoidance of regimentation and depersonalization of the juvenile; (6) Avoidance of stigmatization of the juvenile; and (7) Assurance that the juvenile has been informed of his right to consult with an attorney and that if he cannot afford an attorney, one will be provided."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

A Floor substitute, offered by Representative Dixon of the 151st, was ruled out of order.

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

Y Aaron Y Abernathy Y Adams Y Aiken
Alford Y Alien
Y Athon Atkins
Y Bailey Baker
Y Balkcom Y Bannister YBarfoot Y Bargeron Y Harriett,B
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

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 N Davis.G Y Davis.M Y Diion.H
Diion.S Y Dobbs Y Dover
Y Dunn Edwards
N Ehrhart Y Felton Y Fennel
Y Floyd Y Foster
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 N Howren Y Hudson
Irwin Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore
N Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Under
Long 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 N Morton Y Moultrie N Mueller
Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Pannell
Parham Y Parrish Y Patten
Y Pettit 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 YSelman 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
Stephens
Y Teper Y Thomas.C Y Thomas.M Y Thompson
Thurmond N Titus
Y Tolbert Y Townsend YTwiggs N 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, by substitute, the ayes were 140, nays 8.

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JOURNAL OF THE HOUSE,

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

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

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Resolu tion of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 140 Do Pass
Respectfully submitted, M McDonald of the 12th
Chairman

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

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 Anno tated, relating to water resources, so as to authorize the Department of Natu ral 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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 86

The Committee of Conference on SB 86 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 86 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Roy E. Barnes
Senator, 33rd District
/s/ Hugh M. Gillis Senator, 20th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Denmark Groover, Jr. Representative, 99th District
/s/ Robert L. Patten Representative, 149th District

/s/ Lewis H. McKenzie Senator, 14th District

/s/ Calvin Smyre Representative, 92nd District

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

WEDNESDAY, MARCH 15, 1989

2437

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 govern ments; to provide for the department to make payments in lieu of ad valorem taxes to local governments; to provide for certain increases or decreases in assessed value of prop erty and payments by the department; to provide for rights of appeal by the department; to confer powers and impose duties on the department; to provide for watershed and wet lands protection; to authorize the department to contract with others pertaining to the water utilities and facilities and to authorize others to contract with the department; to authorize the department and others to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to provide for local government advisory councils and their powers and duties; to provide for application of the "Georgia Administrative Procedure Act"; to make certain findings concerning the public purposes and benefits to be derived from this Act for the public; 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 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by adding a new Article 6 to read as follows:
"ARTICLE 6
12-5-470. This article shall be known and may be cited as the 'Georgia Water Supply Act.'
12-5-471. As used in this article, the term: (1) 'County' means any county created under the Constitution or laws of this state. (2) 'Environmental services' means the provision, collectively or individually, of
water facilities or management services. (3) 'Lease' includes a lease or sublease and may, in the discretion of the depart
ment, be in form and substance an estate for years, usufruct, license, concession, or any other right or privilege to use or occupy.
(4) 'Lessee' includes lessee or sublessee, tenant, licensee, concessionaire, or other person contracting for any estate for years, usufruct, license, concession, or other right or privilege referred to in paragraph (3) of this Code section.
(5) 'Local government' or 'local governing authority' means any municipal corpora tion or county, any local water district, or any state or local authority, board, or polit ical subdivision created by the General Assembly or pursuant to the Constitution and laws of the state.
(6) 'Management services' means technical, administrative, instructional or informational services provided to any current or potential recipient in, but not limited to, the areas of service charge structure; accounting, capital improvements budgeting or financing; financial reporting, treasury management, debt structure or administration or related fields of financial management; contract or grant administra tion; management of water systems; and economic development administration or strategies. Management services may be furnished either directly, on-site, or through other written or oral means of communication and may consist of reports, studies, pre sentations, or other analyses of a written or oral nature.
(7) 'May' means permission and not command. (8) 'Municipal corporation' or 'municipality' means any city or town in this state. (9) 'Obligation' means any bond, revenue bond, note, lease, contract, evidence of indebtedness, debt, or other obligation of the state or local governments which are authorized to be issued under the Constitution or other laws of this state, including refunding bonds. (10) 'Project' means and includes the acquisition of real property for water reser voirs; the construction and reconstruction or improvement of water reservoirs; the acquisition of real property surrounding water reservoirs; the acquisition of real prop erty for mitigation of any alteration of environmental resources by the construction of a water reservoir; and all necessary and usual water facilities useful for obtaining one

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JOURNAL OF THE HOUSE,

or more sources of water supply, the treatment of water, and the distribution and sale of water to users and consumers, including counties and municipalities for the purpose of resale, inside and outside the territorial boundaries of the users and consumers, and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate water utility system deemed by the department to be necessary or convenient for the efficient operation of such type of undertaking, all for the essential public purpose of providing water facilities and services to meet public health and environmental standards and to aid the development of trade, commerce, industry, agriculture, and employment opportunities.
(11) 'Water facilities' means any projects, structures, and other real or personal property acquired, rehabilitated, constructed, or planned for the purposes of supply ing, distributing, and treating water and diverting, channeling, or controlling water flow and head including, but not limited to, surface or ground water, canals, reser voirs, channels, basins, dams, aqueducts, standpipes, penstocks, conduits, pipelines, mains, pumping stations, water distribution systems, compensating reservoirs, intake stations, waterworks or sources of water supply, wells, purification or filtration plants or other treatment plants and works, connections, water meters, mechanical equip ment, electric generating equipment, rights of flowage or division, and other plant structures, equipment, conveyances, real or personal property or rights therein and appurtenances, furnishings, accessories, and devices thereto necessary or useful and convenient for the collection, conveyance, distribution, pumping, treatment, storing, or disposing of water.
12-5-472. (a) The department is authorized to acquire, construct, equip, operate, maintain, expand, and improve a 'project,' as such term is defined in paragraph (10) of Code Section 12-5-471, in whole or in part, directly or under contract with others, including each of the facilities described in said paragraph (10) of Code Section 12-5-471, for the purpose of promoting the use of the projects and the use of the indus trial, recreational, commercial, and natural resources of the State of Georgia for the public good and general welfare; and, without limitation of the foregoing, the depart ment is authorized, with the approval of the State Properties Commission, to acquire land for such purposes; provided, however, that the department shall not engage in competition for customers for its environmental services with any local government offering or providing similar services.
(b) Any project acquired, designed, constructed, equipped, operated, maintained, expanded, or improved by the department or which is funded by the Georgia Environ mental Facilities Authority shall conform to and meet standards and procedures promul gated by the Board of Natural Resources pursuant to specific statutory authorization and direction for watershed and wetlands protection.
(c) As a condition precedent to the acquisition or construction of any project, the department shall enter into an agreement with any local government, including any local board of education, which will have property removed from, or converted to tax-exempt status in, its ad valorem tax digest or tax base as a result of the acquisition or construc tion of the project. Each such agreement shall provide that in each year following the year in which the agreement is entered into the department will make payments in lieu of ad valorem taxes to the affected local government with respect to the property removed from, or converted to tax-exempt status in, the local government's tax digest or tax base. The amount of payments to be made in each year shall be determined by applying the local government's ad valorem tax millage rate for that year to the assessed value of the property removed from, or placed in tax-exempt status in, the local government's tax digest or tax base; and for this purpose the assessed value of such property shall be the assessed value as determined for the year prior to the year in which the property is removed from, or placed in tax-exempt status in, the tax digest or tax base. Such assessed value and payments made shall be increased or decreased from year to year thereafter as the value of other property having the same type and use as that of the project property when removed from the digest shall increase or decrease; provided, however, that the department shall have all rights of appeal available
as to value pursuant to Code Section 48-5-311. Payments provided for in this subsection

WEDNESDAY, MARCH 15, 1989

2439

shall be made from funds derived by the department and subject to subsection (b) of Code Section 12-5-474 to the extent that such funds are available; and to the extent that such funds are not available payments provided for in this subsection shall be made from any funds appropriated to the department for this purpose, which appropriated sums shall become a cost of the project or its operations. Deficiencies in payments shall accrue from year to year until paid together with interest without penalty as provided by law.
12-5-473. The department shall have the following powers:
(1) To acquire, by purchase, gift, lease, or otherwise and to own, hold, improve, and use and to sell, convey, exchange, transfer, lease, sublease, and dispose of real and personal property of every kind and character, or any interest therein, for its services, purposes, duties, responsibilities, or functions pursuant to this article and any local government is authorized to grant, sell, or otherwise alienate leaseholds, real and per sonal property, or any interest therein to the department. Site selection for a project shall be made after consideration of input from local governments to be served by the project;
(2) To make all contracts and to execute all instruments necessary or convenient to its services, purposes, duties, responsibilities, or functions pursuant to this article;
(3) To accept grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof; the State of Georgia, its departments, agencies, or authorities; or any county or municipality of this state, upon the terms and conditions as may be imposed thereon to the extent the terms and conditions are not inconsistent with the limitations and laws of this state and are otherwise within the power of the department;
(4) To make and execute contracts, lease agreements, and all other instruments necessary to exercise the powers of the department to further the public purpose for which this article was enacted, such contracts, leases, or instruments to include con tracts for construction, operation, management, or maintenance of projects and facili ties owned by a local government or by the state or any state authority; and any and all local governments and departments, institutions, authorities, or agencies of the state are authorized to enter into contracts, leases, agreements, or other instruments with the department upon such terms and to transfer real and personal property to the state for the use of the department for such consideration and for such purposes as they deem advisable;
(5) To collect fees and charges in connection with its commitments, management services, and servicing including, but not limited to, reimbursements of costs of financ ing, as the department shall determine to be reasonable;
(6) To provide advisory, management, technical, consultative, training, educational, and project assistance services to the state and local governments and to enter into
contracts with the state and local governments to provide such services. The state and local governments are authorized to enter into contracts with the department for such
services and to pay for such services as may be provided them; (7) To lease to local governments any state owned facilities or property which the
department is managing under contract with the state;
(8) To contract with state agencies or any local government for the use by the
department of any property or facilities or services of the state or any such state agency or local government or for the use by any state agency or local government of any facilities or services of the department and such state agencies and local govern
ments are authorized to enter into such contracts; (9) To receive and use the proceeds of any tax levied by a local government to pay
all or any part of the cost of any project or for any other purpose for which the department may use its own funds pursuant to this article;
(10) To cooperate and act in conjunction with industrial, commercial, medical,
scientific, public interest, or educational organizations; with agencies of the federal
government and this state and local governments; with other states and their political
subdivisions; and with joint agencies thereof and such state agencies, local govern
ments, and joint agencies are authorized and empowered to cooperate and act in con
junction, and to enter into contracts or agreements with the department and local
governments to achieve or further the policies of the state declared in this article; and

2440

JOURNAL OF THE HOUSE,

(11) To do all things necessary or convenient to carry out the powers conferred by this title. 12-5-474. (a) The department is authorized to fix rentals, fees, prices, and other charges which any user, concessionaire, franchisee, or vendor shall pay to the depart ment for the use of a project or part thereof or combination thereof, and for the goods and services provided by the department in conjunction with such use, as the depart ment may deem necessary or appropriate to provide in connection with such use, and to charge and collect the same. Such rentals, fees, prices, and other charges shall be so fixed and adjusted in respect to the aggregate thereof from a project or any part thereof so as to be reasonably expected to provide a fund sufficient with other revenues of such project and funds available to the department, if any, to pay the cost of maintaining, repairing, and operating a project, including the reserves for extraordinary repairs and insurance, unless such cost shall be otherwise provided for, which costs shall be deemed to include the expenses incurred by the department on account of a project for water, light, sewer, and other services furnished by other facilities at such project. Such fees shall be fixed after consideration of input from local governments served by the project to which the fees pertain. (b) Notwithstanding any other provision of law, the department is authorized to retain all miscellaneous funds generated by the operation of the projects for use in the operation and maintenance of those sites and facilities. Any such funds not expended for this purpose in the fiscal year in which they are generated shall be deposited in the state treasury, provided that nothing in this Code section shall be construed so as to allow the department to retain any funds required by the Constitution of Georgia to be paid into the state treasury; provided, further, that the department shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expending any such miscellaneous funds. (c) The department may establish the terms and conditions upon which any lessee, sublessee, licensee, user, franchisee, or vendor shall be authorized to use a project as the department may determine necessary or appropriate; and the department shall require a water conservation plan approved pursuant to rules and regulations prescribed by the Board of Natural Resources. 12-5-475. (a) It shall be the duty of the Board of Natural Resources to prescribe rules and regulations governing the selection of sites for projects. Such rules and regula tions shall include, but shall not be limited to, provisions for:
(1) The department to notify in writing a county or municipality when a prelimi nary determination has been made for the location of a project within any portion of the territorial boundaries of the county or municipality;
(2) Review and comment by the governing authority of a county or municipality receiving a notice provided for in paragraph (1) of this subsection before the depart ment makes a final determination of the project site; and
(3) At least one public hearing within the territorial boundaries of a county or municipality receiving a notice provided for in paragraph (1) of this subsection before the department makes a final determination of the project site. (b) It shall be the duty of the Board of Natural Resources to prescribe rules and regulations for the operation of and governing the use of each project constructed under the provisions of this article. Such rules shall be prescribed after consideration of input from local governments served or to be served by the project to which the rules pertain. The initial plan for the activities for each project, other than for water supply, shall be approved by the Project Site Control Advisory Council. Any subsequent change in the initial plan shall be subject to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
12-5-476. (a) The department is authorized to contract with any local government
to exercise on behalf of the local government such responsibility in connection with the
planning, design, acquisition, construction, operation, management, and maintenance of
a project of such local government, as is now or may be hereafter vested in the local
government, and to provide to the local government goods or services of the department
in connection with the planning, design, acquisition, construction, operation, manage
ment, and maintenance of any project of the local government, all as the parties to the

WEDNESDAY, MARCH 15, 1989

2441

contract may determine appropriate. Any such local government is authorized by such contract to delegate to the department all or such goods or services of the department in connection with the planning, design, acquisition, construction, operation, manage ment, and maintenance of a project as the parties may by contract determine appropri ate.
(b) Except as otherwise provided in subsection (c) of Code Section 12-5-472, any such contract shall provide that the local government shall reimburse the department for all of the costs, liabilities, and expenses of the department incurred by the depart ment in exercising such powers or providing such goods or services; and the department shall not directly or indirectly be liable for any liability, cost, or expense incurred by such local government in the acquisition, construction, operation, management, or maintenance of a project.
12-5-477. The foregoing provisions of this article shall be deemed to provide an addi tional and alternative method for the doing of things authorized by this article and shall be regarded as supplemental and additional to powers conferred by the Constitution and laws of the State of Georgia and shall not be regarded as in derogation of any powers now existing.
12-5-478. This article, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.
12-5-479. (a) In the exercise of its powers under this article, the department may contract with any public entity which shall include the state or any institution, depart ment, or other agency thereof or any county, municipality, school district, or other polit ical subdivision of the state or with any other public agency, public corporation, or public authority, for joint services, for the provision of services, or for the joint or sep arate use of facilities or equipment with respect to such activities, services, or facilities which the contracting parties are authorized by law to undertake or provide.
(b) Pursuant to any such contract, in connection with any facility authorized under this article, the department may undertake such facility or provide such services or facilities of the department, in whole or in part, to or for the benefit of the public entity contracting with the department with respect to those activities, services, or facilities which the contracting public entity is authorized by the Constitution and law to provide, including, but not limited to, those set forth in Article IX, Section III, Paragraph I of the Constitution, and any such contracting public entity is authorized to undertake to pay the department for such activities, services, or facilities such amounts and upon such terms as the parties may determine.
(c) 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 department 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 provi sion of such services or facilities through the department.
(d) In connection with its operations, the department may similarly obtain from, and each public entity may provide, such activities, services, or facilities which the depart ment is authorized to provide.
(e) The department shall establish prior to the commencement of each project a Project Water Users Advisory Council and a Project Site Control Advisory Council. The membership of the Project Water Users Advisory Council shall include the chief execu tive officers, or their designees, of each local government purchasing water from the project. The membership of the Project Site Control Advisory Council shall include the chief executive officers, or their designees, of each local government within which any part of the project is located. The commissioner, or his designee, shall serve as an ex officio member of each advisory council. Each advisory council formed shall meet from time to time as provided by rule and regulation of the Board of Natural Resources and shall elect its own officers and establish such bylaws as its membership may deem appropriate for the conduct of its business. Each Project Water Users Advisory Council shall consult with and advise the department concerning the operation and management of the project for which it was formed. The operation and management of a project shall

2442

JOURNAL OF THE HOUSE,

be subject to the review of the Project Site Control Advisory Council formed for such project.
(f) A local government by resolution of its governing body may enter into a user agreement for the provision of environmental services utilizing facilities owned by the state upon such terms and conditions as the department shall determine to be reason able including, but not limited to, the reimbursement of all costs of construction and financing and claims arising therefrom.
(g) No user agreement shall be deemed to be a contract subject to any law requiring that contracts shall be let only after receipt of competitive bids.
(h) Any user agreement directly between the state or department and a local govern ment may contain provisions requiring the local government:
(1) To establish and collect rents, rates, fees, and charges so as to produce reve nues sufficient to pay all or a specified portion of:
(A) The costs of operation, maintenance, renewal, and repairs of the water facil ity; and
(B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the purposes of such water facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such agreement, including amounts for the creation and maintenance of any required reserves; (2) To create and maintain reasonable reserves or other special funds; (3) To create and maintain a special fund or funds as additional security for the punctual payment of any rentals due under such user agreement and for the deposit therein of such revenues as shall be sufficient to pay all user fees and any other amounts becoming due under such user agreements as the same shall become due and payable; or (4) To perform such other acts and take such other action as may be deemed necessary and desirable by the department to secure the complete and punctual per formance by such local government of such lease agreements and to provide for the remedies of the department in the event of a default by such local government in such payment. 12-5-480. The department shall be authorized to utilize the financial advisory and construction related services of the Georgia State Financing and Investment Commission with respect to the acquisition, design, planning, and construction of any of the projects. Chapter 22 of Title 50 shall be applicable to the selection of persons to provide profes sional services for any project or any portion thereof authorized by this article. 12-5-481. It is found, determined, and declared that the carrying out of the purposes of the department as defined in this article is in all respects for the benefit of the people of this state and that the purposes are public purposes; that the department will be per forming an essential governmental function in the exercise of the powers conferred upon it by this article; and that the activities authorized in this article will develop and pro mote trade, commerce, industry, and employment opportunities to the public good and the general welfare and promote the general welfare of the state. 12-5-482. (a) In the event of a failure of any local government to collect and remit in full all amounts due to the department and all amounts due to others, which involve the credit or guarantee of the state, it shall be the duty of the department to notify the director of the Fiscal Division of the Department of Administrative Services who shall withhold all funds of the state and all funds administered by the state, its agencies, boards, and instrumentalities allotted to such local government until such local govern ment has collected and remitted in full all sums due and cured or remedied all defaults. (b) Nothing contained in this Code section shall mandate the withholding of funds allocated to a local government which would violate contracts to which the state is a party, the requirements of federal law imposed on the state, or judgments of any court binding the state."
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.

WEDNESDAY, MARCH 15, 1989

2443

Representative Groover of the 99th moved that the House adopt the report of the Committee of Conference on SB 86.
On the motion, 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
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 Y Brown YBuck Y Buford
YByrd
Y Carrell
Y Carter N 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 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
Godbee Y Goodwin
Green 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 Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore N Kingston Y Lane.D
Lane.R 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

On the motion, the ayes were 150, nays 4. The motion prevailed.

Y McKinney.C Y Meadows YMilam Y Mobley
Moody Y Moore Y Morton Y Moultrie N Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Postal Y Powell Y Rainey YRandall Y Ransom
YRay Y Reaves Y Redding Y Richardson
Ricketson Y Robinson
Y Royal YSelman 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 N Teper Y Thomas.C
Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan
Waddle Y Walker.C
Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y WilliamsJB Y WilliamsJ
Y Yates Y Yeargin
Murphy.Spkr

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

SB 363. By Senators Tate of the 38th and Langford of the 35th:
A bill to amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States decennial census of 1960 or any future such census, as amended, so as to provide funds for constructing, operating, and staffing city jails, city correctional institutions, and city detention facilities.

Representative Redding of the 50th moved that SB 363 be recommitted to the Committee on State Planning and Community Affairs.

Representative Benn of the 38th moved the previous question.

Representative Redding of the 50th moved that SB 363 be placed upon the table. On the motion to table, the roll call was ordered and the vote was as follows:

2444

JOURNAL OF THE HOUSE,

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

Y Clark.H N Clark.L
Colbert Coleman Y Colwell Y Connell
Y Couch Cox
Y Crawford
Y Crosby N 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 Foster
Y Godbee Y Goodwin Y Green
N 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 Y Jackson, W Y Jamieson Y Jenkins
Johnson Y Jones
Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence
N Lawson NLee 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 YMilam 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
Y Patten N Pettit Y Pinkston YPoag Y Porter
Poston Y Powell Y Rainey YRandall Y Ransom
Ray Y Reaves Y Redding Y Richardson Y Ricketson N Robinson N Royal Y Selman Y Simpson

Y Sinkfield Y Smith,L N Smith,P Y Smith,T Y Smith, W
Smyre YSnow Y Stancil.F N Stancil.S Y Stanley Y Steele Y Stephens Y Teper Y Thomas.C
N Thomas.M Y Thompson
Thurmond
N Titus N Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C
Walker.L N Wall N Ware
Y Watson Y Watts Y White N Wilder Y Williams.B Y Williams.J N Yates
Yeargin Murphy.Spkr

On the motion, the ayes were 134, nays 25. The motion prevailed.

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

HR 406. By Representatives Walker of the 85th, Ransom of the 90th, Brown of the 88th, Padgett of the 86th, Cheeks of the 89th and others:
A resolution creating the Augusta-Richmond County Commission on Disadvantaged Youth.

The following Senate amendment was read:

Amend HR 406 by striking line 6 of page 2 and inserting in its place the following:
"members of the Richmond County House delegation to be confirmed by both Sena tors from Richmond County."

Representative Walker of the 85th moved that the House agree to the Senate amendment to HR 406.
On the motion, the ayes were 110, nays 0. The motion prevailed.
The following Resolutions of the House were read and adopted:

WEDNESDAY, MARCH 15, 1989

2445

HR 542. By Representatives Snow of the 1st and Padgett of the 86th: A resolution commending Jo Fassnacht.
HR 543. By Representative Benn of the 38th: A resolution commending Joanna Rainey.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the Senate were taken up for consideration and read the third time:
SB 347. By Senator Allgood of the 22nd: A bill to amend Code Section 40-5-55 of the Official Code of Georgia Anno tated, relating to certain chemical tests administered to determine the alco holic or drug content of certain persons who operate motor vehicles, so as to require that such chemical tests be administered as soon as possible to any person who operates a motor vehicle upon the highways or elsewhere throughout this state who is involved in any traffic accident.
The following amendment was read and adopted:

Representative Randall of the 101st moves to amend SB 347 by inserting on line 10 of page 1 after the word and symbol "tests;" the following:
"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 suspen sions shall be deleted upon the acceptance of a plea and entry of a court order;".
By inserting after line 34 of page 3 the following:
"Section 2. 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, thatj 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 within 180 days of the date of arrest 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 receipt by the Depart ment of Public Safety of an authorization from the prosecutor or, where there is no prosecutor, from the judge authorizing the 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 charged with serious injury by vehicle as provided in Code Section 40-6-394, the period of the sus pension shall be for 12 months.'"
By redesignating Section 2 as Section 3.

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

Y Aaron Y 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

2446

JOURNAL OF THE HOUSE,

Y Barnett.M Beck
Y Benefield
Benn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
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 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 Y 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 Y Hudson

Y Irwin YIsakson Y Jackson,J Y Jackson.W Y Jamieson
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 Y McKinney.B N 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 N Pannell
Y Parham Y Parrish
Y Patten Y Pettit N Pinkston
YPoag Y Porter
Y Poston Y Powell Y Rainey YRandall Y Ransom
Ray Y Reaves Y Redding Y Richardson Y Ricketson N Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith.P

Y Smith.T Y Smith,W
Smyre Y Snow N Stancil,F Y Stancil.S
Stanley Y Steele Y Stephens N Teper
Y Thomas.C Y 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 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 150, nays 7.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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.

The following amendment was read and adopted:

The Committee on Insurance moves to amend SR 27 by inserting on line 4 of page 1 between the word "agents" and the semicolon, on line 13 of page 2 between the word "insurers" and the word "and", and on line 21 of page 2 between the word "agents" and the period following:
"which involve a violation of the insurance laws of this state".

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
Abernathy Y Adams Y 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

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 Coleman

WEDNESDAY, MARCH 15, 1989

2447

Y Colwell Y Connell Y Couch
Cox Y Crawford
Y Croaby 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
Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson.W
Y Jamieson 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
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 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
Ray Y 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 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 adoption of the Resolution, as amended, the ayes were 153, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

SR 35. By Senator Engram of the 34th: 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 101, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

SB 319. By Senator Garner of the 30th:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to post-mortem examinations, so as to change certain fees which the medical examiner is entitled to for performing certain examinations; to change certain provisions relating to reports of post-mortem examinations and investigations; to repeal certain provisions providing fees for peace officers.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

SB 368. By Senators Foster of the 50th and Deal of the 49th:
A bill to amend Code Section 20-2-757 of the Official Code of Georgia Anno tated, 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.

2448

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 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 372. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Code Section 15-10-23 of the Official Code of Georgia Anno tated, relating to minimum compensation of chief magistrates, so as to change the provisions relating to minimum 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 ayes were 108, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

The following Bills of the Senate were taken up for the purpose of considering the reports of the Committees of Conference thereon:

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 Anno tated, 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 conser vation districts from the rule-making process of the Board of Natural Resources.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 84

The Committee of Conference on SB 84 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 84 be adopted.

Respectfully submitted,

FOR THE SENATE: Is,/ Roy E. Barnes
Senator, 33rd District
/s/ Hugh M. Gillis Senator, 20th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Robert L- Patten Representative, 149th District
/s/ Pete Robinson Representative, 96th District

/s/ Lewis H. McKenzie Senator, 14th District

/s/ Bobby Lawson Representative, 9th District

A BILL
To amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, the "Ero sion and Sedimentation Act of 1975," so as to change the definition of land-disturbing

WEDNESDAY, MARCH 15, 1989

2449

activity subject to regulation; to change the role of the state Soil and Water Conservation Commission and soil and water conservation districts from the rule-making process of the Board of Natural Resources; to add to the minimum requirements for regulations and ordinances governing land-disturbing activities; to authorize the requirement of the posting of a bond prior to issuing a permit; to provide that the director of the Environmental Pro tection Division may implement the rules of the Board of Natural Resources and seek compliance within a defaulting jurisdiction and collect costs and attorney's fees from the governing authority; to provide for suspension, revocation, or modification of permits when successors in title to permit holders are not in compliance with the approved erosion and sediment control plan or applicable statutes, ordinances, resolutions, rules, or regulations as to all or a portion of the land affected by the approved plan; to provide that holders of permits shall notify their successors in title of the conditions contained in the permits; to increase civil penalties for certain violations; to amend the provisions related to exempt land-disturbing activities; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 12 of the Official Code of Georgia Annotated, the "Ero sion and Sedimentation Act of 1975," is amended by striking paragraph (8) of Code Section 12-7-3, relating to definitions, and inserting in lieu thereof a new paragraph (8) to read as follows:
"(8) 'Land-disturbing activity' means any activity which may result in soil erosion from water or wind and the movement of sediments into state water or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land other than federal and state lands, except that the term stiflil not include tnose sc11vi11es exempted toy Oode feection A~V - l / put not including agricultural practices as described in paragraph (5) of Code Section 12-7-17."
Section 2. Said chapter is further amended by striking Code Section 12-7-5, relating to the adoption of rules, and inserting in lieu thereof a new Code Section 12-7-5 to read as follows:
"12-7-5. The board, by appropriate rules and regulations, shall adopt the procedures governing land-disturbing activities which are conducted in those counties and munici palities which do not have in effect an ordinance conforming to this chapter. Such rules and regulations shall be developed by the division in consultation with the commission and shall be developed by th division, with the advice and consent ef th commission attA the appropriate district, and shall contain provisions which meet those minimum requirements set forth in Code Section 12-7-6."
Section 3. Said chapter is further amended in Code Section 12-7-6, relating to mini mum standards, by striking the word "and" at the end of paragraph (12), by replacing the period at the end of paragraph (13) with a semicolon, and by adding thereafter new para graphs (14) through (18) to read as follows:
"(14) Land-disturbing activity plans for erosion and sedimentation control shall include provisions for treatment or control of any source of sediments and adequate sedimentation control facilities to retain sediments on site or preclude sedimentation of adjacent streams beyond the levels specified in paragraph (18) of this Code section;
(15) Land-disturbing activities shall not be conducted within the 100 year flood plain unless compliance with any applicable local flood plain management ordinance is demonstrated or flood storage compensation for flood waters is provided or such con struction is in compliance with the Federal Emergency Management Agency regulations;
(16) An undisturbed natural vegetative buffer of 25 feet measured from the stream banks shall normally be retained adjacent to any state waters except where otherwise required by Part 6 of Article 5 of Chapter 5 of this title, the 'Metropolitan River Pro tection Act,' or by the department pursuant to Code Section 12-2-8, or when the eco nomic use and the contour of the land require a different buffer subject to the division's approval, or where a drainage structure must be constructed, provided that adequate

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erosion control measures are incorporated in the project plans and specifications and are implemented;
(17) Land-disturbing activities shall not be conducted within 100 feet (horizontal) of the banks of any state waters classified as 'trout streams' pursuant to Article 2 of Chapter 5 of this title, the 'Georgia Water Quality Control Act,' unless a variance for such activity is granted by the director except where a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented; and
(18) Discharges of storm-water runoff from disturbed areas shall be controlled to the extent that turbidity of the storm-water runoff shall not exceed 50 nephelometric turbidity units higher than the turbidity level of the receiving stream immediately upstream from the storm-water runoff discharge at the time of such discharge except where a roadway drainage structure must be constructed, the turbidity of the receiving stream downstream of the construction site shall not exceed 60 nephelometric turbidity units higher than the turbidity level of the receiving stream immediately upstream from the construction site. Downstream turbidity measurements shall be taken at points where the entering discharge is fully mixed with the receiving stream flow. Due to the various soils and hydrological and water conditions throughout the state, the division shall have the discretion to vary from the aforesaid nephelometric turbidity units."
Section 4. Said chapter is further amended by striking subsection (d) of Code Section 12-7-7, relating to permits, and inserting in lieu thereof new subsections (d) and (e) to read as follows:
"(d) Except as provided in this subsection, no permit shall be issued pursuant to subsection (b) or (c) of this Code section unless the erosion and sediment control plan has been approved by the appropriate district as is required by Code Section 12-7-10. When the governing authority of a county or municipality lying within the boundaries of the district demonstrates capabilities to review and approve an erosion and sediment control plan and requests an agreement with the district to conduct such review and approval, the district, with the concurrence of the commission, shall enter into an agree ment which allows the governing authority to conduct review and approval without referring the application and plan to the district, if such governing authority meets the conditions specified by the district as set forth in the agreement. A district may not enter into an agreement authorized in this Code section with the governing authority of any county or municipality which is not certified pursuant to subsection (a) of Code Section 12-7-8.
(e) When reviewing any application for a land-disturbing activity permit, the issuing authority shall consider the past record of the permit applicant in complying with pre vious land-disturbing activity permits and this Code section. If the applicant has had two or more violations of previous permits or this Code section within three years prior to the date of filing of the application under consideration, the issuing authority may require the applicant to post a bond up to, but not exceeding, $3,000.00 per acre of the proposed land-disturbing activity, prior to issuing the permit. If the applicant does not comply with this Code section or with the conditions of the permit after issuance, the issuing authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance. This subsection shall not apply unless there is in effect an ordi nance or statute specifically providing for hearing and judicial review of any determi nation or order of the issuing authority with respect to alleged permit violations."
Section 5. Said chapter is further amended by adding at the end of Code Section 12-7-8, relating to issuing authorities, a new subsection (d) to read as follows:
"(d) Notwithstanding any action which may be taken pursuant to subsection (c) of this Code section, the director may determine that the public interest requires initiation of an enforcement action by the director within a jurisdiction certified pursuant to this Code section. Where such a determination is made and the issuing authority has failed to secure compliance, the director may implement the board's rules and seek compliance under provisions of Code Sections 12-7-12 through 12-7-15. The governing authority

WEDNESDAY, MARCH 15, 1989

2451

within whose jurisdiction such violation occurs shall be liable to the state for costs incur red by the state in such enforcement actions, including the reasonable cost of attorney's fees when formal legal action is required."
Section 6. Said chapter is further amended by striking Code Section 12-7-9, relating to applications for permits, and inserting in lieu thereof a new Code section to read as fol lows:
"12-7-9. (a) Applications for permits shall be submitted in accordance with this chapter and the rules and regulations, ordinances, and resolutions adopted pursuant hereto. Such applications shall be accompanied by the applicant's erosion and sediment control plans and by such supportive data as will affirmatively demonstrate that the land-disturbing activity proposed will be carried out in such a manner that the mini mum requirement requirements set forth in this chapter Code Section 12-7-6 shall be met.
(b) No permit shall be issued to any applicant unless the issuing authority affirma tively determines that the plan embracing such activities meets such the requirements of Code Section 12-7-6.
(c) Permits shall be issued or denied as soon as practicable after the application therefor has been filed with the issuing authority, but in any event not later than 45 days thereafter."
Section 7. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 12-7-11, relating to the suspension, revocation, or modification of permits, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The permit may be suspended, revoked, or modified by the issuing authority, as to all or any portion of the land affected by the plan, upon a finding that the holder or his successor in title is not in compliance with the approved erosion and sediment control plan or that the holder or his successor in title is in violation of this chapter or any ordinance, resolution, rule, or regulation adopted or promulgated pursuant to this chapter. A holder of a permit shall notify any successor in title to him as to all or any portion of the land affected by the approved plan of the conditions contained in the permit."
Section 8. Said chapter is further amended by striking subsection (a) of Code Section 12-7-15, relating to civil penalties, and inserting in lieu thereof a new subsection to read as follows:
"(a) Any person who violates any provision of this chapter, the rules and regulations adopted pursuant hereto, or any permit condition or limitation established pursuant to this chapter or who negligently or intentionally fails or refuses to comply with any final or emergency order of the director issued as provided in this chapter shall be liable for a civil penalty not to exceed $1,000.00 $2,000.00 per day. Each day during which the violation or failure or refusal to comply continues shall be a separate violation."
Section 9. Said chapter is further amended by striking Code Section 12-7-17, relating to exemptions, and inserting in lieu thereof a new Code section to read as follows:
"12-7-17. This chapter shall not apply to the following activities: (1) Surface mining, as the same is defined in Code Section 12-4-72; (2) Granite quarrying and land clearing for such quarrying; (3) Such minor land-disturbing activities as home gardens and individual home
landscaping, repairs, maintenance work, and other related activities which result in minor soil erosion;
(4) (A) The construction of single-family residences when such are constructed by or under contract with the owner for his own occupancy; or
(B) The construction of single-family residences not a part of a larger project and not exempted under subparagraph (A) of this paragraph; provided, however, that construction of any such residence not otherwise exempt must conform to the minimum standards as set forth in Code Section 12-7-6 and that such standards may be enforced by the issuing authority;

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(5) Agricultural practices involving the establishment, cultivation, or harvesting of products of the field or orchard; the preparation and planting of pasture land; forestry land management practices, including harvesting; farm ponds; dairy operations; live stock and poultry management practices; and the construction of farm buildings;
(6) Any project carried out under the technical supervision of the Soil and Water Conservation Service of the United States Department of Agriculture;
(7) Any project involving five acrca one and one-tenth acres or less; provided, how ever, that this exemption shall not apply to any land-disturbing activity within 200 feet of the bank of any state waters, and for purposes of this paragraph, 'state waters' excludes channels and drainageways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them year round; provided, however, that any person responsible for a project which involves five acres one and one-tenth acres or less, which involves landdisturbing activity, and which is within 200 feet of any such excluded channel or drainageway must prevent sediment from moving beyond the boundaries of the prop erty on which such project is located and provided, further, that nothing contained in this chapter shall prevent a city or county which is an issuing authority from regu lating any such project which is not specifically exempted by subparagraph (B) of paragraph (4) or by paragraph (^(^(^.(^(^(^(^or (10) of this Code section;
(8) Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Department of Transportation, the Georgia Highway Authority, or the Georgia Tollway Authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; or construction and maintenance, or either, by any water or sewerage authority established by the General Assembly of this state; provided, however, that such projects shall conform te th specifications used by the Department ef Transportation for control of sett croaion and sedimerrtatie en its highway construction projects; :
(A) If such projects are constructed within 200 feet of the banks of any channels or drainageways which have water in them only during and immediately after rain fall events or intermittent streams which do not have water in them year round, then such projects shall conform to the specifications used by the Department of Transportation for control of soil erosion and sedimentation on its highway con struction projects;
(B) If such projects are constructed within 200 feet of the banks of any state waters which do have water in them year round and m which the drainage area of the watershed upstream from such projects is less than three square miles, then such projects shall conform to the specifications used by the Department of Trans portation for control of soil erosion and sedimentation on its highway construction
projects; (C) If such projects are constructed within 200 feet of the banks of any state
waters which do have water in them year round and in which the drainage area of the watershed upstream from such projects is equal to or more than three square miles, then such projects shall conform to the minimum standards set forth m Code Section 12-7-6; and
(D) If such projects are constructed within 100 feet (horizontal) of the banks of any state waters classified as 'trout streams' pursuant to Article 2 of Chapter 5 of this title, the 'Georgia Water Quality Control Act,' regardless of the size of the watershed area, then such projects shall conform to the minimum standards set forth in Code Section 12-7-6; (9) Any land-disturbing activities conducted by any airport authority, provided that any such land-disturbing activity shall conform as far as may be feasible and practicable to the minimum standards set forth in Code Section 12-7-6; or (10) Any land-disturbing activities conducted by any electric membership corpora tion or municipal electrical system or any public utility under the regulatory jurisdic tion of the Public Service Commission, provided that any such land-disturbing activity shall conform as far as may be feasible and practicable to the minimum standards set forth in Code Section 12-7-6."

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2453

Section 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 11. All laws and parts of laws in conflict with this Act are repealed.

Representative Lawson of the 9th moved that the House adopt the report of the Committee of Conference on SB 84.
On the motion, the ayes were 101, nays 10.
The motion prevailed.

Representative Ehrhart of the 20th wished to be recorded as voting "nay" on the report of the Committee of Conference on SB 84.

Representative Vaughan of the 20th wished to be recorded as voting "nay" on the report of the Committee of Conference on SB 84.

SB 260. By Senator Bowen of the 13th:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Anno tated, 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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 260

The Committee of Conference on SB 260 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 260 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Rooney L. Bowen Senator, 13th District
/s/ Jimmy Hodge Timmons Senator, llth District

FOR THE HOUSE OF REPRESENTATIVES:
. /s/ RalPh Twl^s
Representative, 4th District
/s/ John o Mobley, Jr. Representative, 64th District

1st Mark Taylor Senator, 12th District

/s/ Bill Barnett Representative, 10th District

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 appointment of the deputy commissioner; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, is amended by striking Code Section 35-2-7, relating to the appointment of the deputy commissioner of public safety and his term of office,

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rank, duties, oath, and membership in the Uniform Division, in its entirety and inserting in lieu thereof a new Code Section 35-2-7 to read as follows:
"35-2-7. (a) The commissioner is vested with authority to appoint a deputy commissioner of public safety, whose term ef office shall be four years and who shall have the rank of lieutenant colonel in the Uniform Division of the department.
(b) The deputy commissioner may be a member of the Uniform Division of the department and upon removal from office without prejudice he shall revert to the orig inal rank in the Uniform Division which he held when he was appointed to office.
(c) His appointment shall be subject to confirmation by the board. (d) The deputy commissioner shall perform such duties as he may be charged with by the commissioner, and in case of a vacancy shall act as commissioner until an appointment is made to fill the vacancy. (e) The deputy commissioner shall take the same oath as that required of the commissioner, which oath shall be administered by the commissioner."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Twiggs of the 4th moved that the House adopt the report of the Committee of Conference on SB 260.
On the motion the ayes were 111, nays 0.
The motion prevailed.

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 30

The Committee of Conference on SB 30 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 30 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Thomas F. Allgood
Senator, 22nd District
/s/ Culver Kidd Senator, 25th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Denmark Groover, Jr. Representative, 99th District
/s/ Bobby Lawson Representative, 9th District

/s/ Lawrence Stumbaugh Senator, 55th District

/s/ Edward D. Ricketson Representative, 82nd District

A BILL
To amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Anno tated, relating to campaign contributions under the "Ethics in Government Act," so as to

WEDNESDAY, MARCH 15, 1989

2455

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 or to or on behalf of candidates for the office of Commissioner of Insurance or to or on behalf of campaign committees of such candidates; to prohibit persons holding office as Commissioner of Insurance and candi dates and campaign committees of candidates for the office of Commissioner of Insurance from accepting such contributions; to authorize certain employee contributions under cer tain circumstances; to prohibit certain coercive action to compel contributions; to provide for definitions and 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 5 of Title 21 of the Official Code of Georgia Anno tated, relating to campaign contributions under the "Ethics in Government Act," is amended by adding a new Code section immediately following Code Section 21-5-30, to be designated Code Section 21-5-30.1, to read as follows:
"21-5-30.1. (a) Except as otherwise provided in this subsection, the definitions set forth in Code Section 21-5-3 shall be applicable to the provisions of this Code section. As used in this Code section, the term:
(1) 'Campaign committee' means the candidate, person, or committee which accepts contributions to bring about the nomination for election or election of an indi vidual to the office of Commissioner of Insurance.
(2) 'Contribution' means a gift, subscription, membership, loan, forgiveness of debt, advance or deposit of money, or anything of value conveyed or transferred for the purpose of influencing the nomination for election or election of an individual to the office of Commissioner of Insurance or encouraging the holder of such office to seek reelection. The term 'contribution' shall include the payment of a qualifying fee for and on behalf of a candidate for the office of Commissioner of Insurance and any other payment or purchase made for and on behalf of the holder of the office of Commissioner of Insurance or for or on behalf of a candidate for that office when such payment or purchase is made for the purpose of influencing the nomination for elec tion or election of the candidate and is made pursuant to the request or authority of the holder of such office, the candidate, the campaign committee of the candidate, or any other agent of the holder of such office or the candidate. The term 'contribution' shall not include the value of personal services performed by persons who serve on a voluntary basis without compensation from any source.
(3) 'Industrial loan licensee' means a licensee as defined by paragraph (3) of Code Section 7-3-3, relating to definitions applicable to Chapter 3 of Title 7, known as the 'Georgia Industrial Loan Act.'
(4) 'Insurer' means an insurer as defined by paragraph (4) of Code Section 33-1-2, relating to definitions applicable to Title 33, known as the 'Georgia Insurance Code.'
(5) 'Political action committee' means any committee, club, association, partner ship, corporation, labor union, or other group of persons which receives donations aggregating in excess of $1,000.00 during a calendar year from persons who are mem bers or supporters of the committee and which distributes these funds as contribu tions to one or more campaign committees of candidates for public office. Such term does not mean a campaign committee. (b) No industrial loan licensee or insurer and no person or political action committee acting on behalf of an industrial loan licensee or insurer shall make a contribution to or on behalf of a person holding office as Commissioner of Insurance or to or on behalf of a candidate for the office of Commissioner of Insurance or to or on behalf of a cam paign committee of any such candidate. (c) No person holding office as Commissioner of Insurance and no candidate for the office of Commissioner of Insurance and no campaign committee of a candidate for the office of Commissioner of Insurance shall accept a contribution in violation of subsection (b) of this Code section.

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(d) Nothing contained in this Code section shall be construed to prevent any person who may be employed by an industrial loan licensee or insurer, including a person in whose name a license is held, from voluntarily making a campaign contribution from that person's personal funds to or on behalf of a person holding office as Commissioner of Insurance or to or on behalf of a candidate for the office of Commissioner of Insur ance or to or on behalf of a campaign committee of any such candidate. It shall be unlawful and a violation of this Code section for any insurer or industrial loan licensee or other person to require another by coercive action to make any such contribution."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Lawson of the 9th moved that the House adopt the report of the Committee of Conference on SB 30.
On the motion, 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 Y Bailey
Baker Y Balkcom Y Bannister
YBarfoot Y Bargeron Y Barnett,B Y Barnett,M YBeck 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
Chance Y Cheeks Y Childers
N Clark.B

Y Clark.H Y Clark.L
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 Diion,S
Y Dobbs Y Dover Y Dunn
Y Edwards YEhrhart Y 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

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 YLane.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

On the motion, the ayes were 155, nays 1. The motion prevailed.

McKinney.C Y Meadows YMilam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Oliver.C Y 01iver,M YOrr Y Orrock
Y Padgett Pannell
YParham Y Parrish
Y Patten Y Pettit
Pinkston YPoag
Porter Y Poston Y Powell Y Rainey
Randall Y Ransom YRay
Reaves Y Redding Y Richardson Y Ricketeon Y Robinson Y Royal
Selman
Y Simpson

Y Sinkfield Smith,L
Y Smith,? 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 Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs 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

SB 137. By Senator Kidd of the 25th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Anno tated, relating to exemption from applicability, so as to provide for a new exemption for certain renovation and replacement projects; to provide an effective date.

The following report of the Committee of Conference was read:

WEDNESDAY, MARCH 15, 1989

2457

COMMITTEE OF CONFERENCE REPORT ON SB 137

The Committee of Conference on SB 137 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 137 be adopted.

Respectfully submitted,

FOR THE SENATE: M Culver Kidd
Senator, 25th District
/s/ Gene Walker Senator, 43rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ E- M- <-hders Representative, 15th District
/s/ George F . Green, M.D. Representative, 106th District

/s/ Ed Barker Senator, 18th District

/s/ Bobby E. Parham Representative, 105th District

A BILL
To amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from Chapter 6 of Title 31, relating to state health planning and develop ment, so as to provide for a new exemption for certain remodeling, renovation, and replacement projects; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from Chapter 6 of Title 31, relating to state health planning and develop ment, is amended by striking "and" after the semicolon at the end of paragraph (14) of subsection (a) thereof, striking the period at the end of paragraph (15) of that subsection (a) and inserting in its place "; and", and by adding immediately thereafter a new para graph to read as follows:
"(16) Capital expenditures for a project otherwise requiring a certificate of need if those expenditures are for a project to remodel, renovate, replace, or any combination thereof, a medical-surgical hospital and:
(A) That hospital: (i) Has a bed capacity of not more than 50 beds; (ii) Is located in a county in which no other medical-surgical hospital is located; (iii) Has at any time been designated as a disproportionate share hospital by the
Department of Medical Assistance; and (iv) Has at least 45 percent of its patient revenues derived from medicare, Med-
icaid, or any combination thereof, for the immediately preceding three years; and (B) That project:
(i) Does not result in any of the following: (I) The offering of any new clinical health services; (II) Any increase in bed capacity; (III) Any redistribution of existing beds among existing clinical health
services; or (IV) Any increase in capacity of existing clinical health services;
(ii) Has at least 80 percent of its capital expenditures financed by the proceeds of a special purpose county sales and use tax imposed pursuant to Article 3 of Chapter 8 of Title 48; and
(iii) Is located within a three-mile radius of and within the same county as the hospital's existing facility."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Representative Childers of the 15th moved that the House adopt the report of the Committee of Conference on SB 137.
On the motion the ayes were 126, nays 0.
The motion prevailed.

SB 239. By Senator Barnes of the 33rd:
A bill to amend Chapter 5 of Title 51 of the Official Code of Georgia Anno tated, 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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 239

The Committee of Conference on SB 239 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 239 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ J. Nathan Deal
Senator, 49th District
/s/ C. Donald Johnson, Jr. Senator, 47th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Charles A. Thomas Jn Representative, 69th District
/s/ Denmark Groover, Jr. Representative, 99th District

/s/ Mark Taylor Senator, 12th District

/s/ Tommy Chambless Representative, 133rd District

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 amend Chapter 7 of Title 51 of the Official Code of Georgia Annotated, relating to false arrest, false imprisonment, and malicious prosecution, so as to provide for the tort of abusive litigation; to provide for definitions; to define such tort; to provide for the prosecution of claims; to provide for assessment of damages, costs and expenses, and attorney's fees; to provide for matters relative to the foregoing; to provide that other statutory or common law claims for malicious use of civil proceedings, malicious abuse of civil process, and abusive litiga tion shall not be allowed; 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 51 of the Official Code of Georgia Annotated, relating to libel and slander, is amended by adding immediately following Code Section 51-5-11 a new Code section, to be designated Code Section 51-5-12, to read as follows:

WEDNESDAY, MARCH 15, 1989

2459

"51-5-12. (a) In any civil action for a defamatory statement which charges the visual or sound broadcast of an erroneous statement alleged to be defamatory, it shall be relevant and competent evidence for either party to prove that the plaintiff requested retraction or omitted to request retraction.
(b) In any such action, the defendant may allege and give proof of the following mat ters, as applicable:
(1) (A) That the matter alleged to have been broadcast and to be defamatory was published without malice;
(B) That the defendant, in a regular broadcast of the station over which the broadcast in question was made, within three days after receiving written demand, corrected and retracted the allegedly defamatory statement in as conspicious and public a manner as that in which the alleged defamatory statement was broadcast; and
(C) That, if the plaintiff so requested, the retraction and correction were accom panied, on the same day, by an editorial in which the allegedly defamatory state ment was specifically repudiated; or (2) That no request for correction and retraction was made by the plaintiff. (c) Upon proof of the facts specified in paragraph (1) or (2) of subsection (b) of this Code section, the plaintiff shall not be entitled to any punitive damages and the defend ant shall be liable only to pay actual damages. The defendant may plead the broadcast of the correction, retraction, or explanation, including the editorial, if demanded, in mitigation of damages."
Section 2. Chapter 7 of Title 51 of the Official Code of Georgia Annotated, relating to false arrest, false imprisonment, and malicious prosecution, is amended by adding at the end thereof a new article, to be designated Article 5, to read as follows:
"ARTICLE 5
51-7-80. As used in this article, the term: (1) 'Civil proceeding' includes any action, suit, proceeding, counterclaim, cross-
claim, third-party claim, or other claim at law or in equity. (2) 'Claim' includes any allegation or contention of fact or law asserted in support
of or in opposition to any civil proceeding, defense, motion, or appeal. (3) 'Defense' includes any denial of allegations made by another party in any
pleading, motion, or other paper submitted to the court for the purpose of seeking affirmative or negative relief, and any affirmative defense or matter asserted in confes sion or avoidance.
(4) 'Good faith,' when used with reference to any civil proceeding, claim, defense, motion, appeal, or other position, means that to the best of a person's or his or her attorney's knowledge, information, and belief, formed honestly after reasonable inquiry, that such civil proceeding, claim, defense, motion, appeal, or other position is well grounded in fact and is either warranted by existing law or by reasonable grounds to believe that an argument for the extension, modification, or reversal of existing law may be successful.
(5) 'Malice' means acting with ill will or for a wrongful purpose and may be infer red in an action if the party initiated, continued, or procured civil proceedings or process in a harassing manner or used process for a purpose other than that of securing the proper adjudication of the claim upon which the proceedings are based.
(6) 'Person' means an individual, corporation, company, association, firm, partner ship, society, joint-stock company, or any other entity, including any governmental entity or unincorporated association of persons with capacity to sue or be sued.
(7) 'Without substantial justification,' when used with reference to any civil pro ceeding, claim, defense, motion, appeal, or other position, means that such civil pro ceeding, claim, defense, motion, appeal, or other position is:
(A) Frivolous; (B) Groundless in fact or in law; or (C) Vexatious.

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(8) 'Wrongful purpose' when used with reference to any civil proceeding, claim, defense, motion, appeal, or other position results in or has the effect of:
(A) Attempting to unjustifiably harass or intimidate another party or witness to the proceeding; or
(B) Attempting to unjustifiably accomplish some ulterior or collateral purpose other than resolving the subject controversy on its merits. 51-7-81. Any person who takes an active part in the initiation, continuation, or pro curement of civil proceedings against another shall be liable for abusive litigation if such person acts: (1) With malice; and (2) Without substantial justification. 51-7-82. (a) It shall be a complete defense to any claim for abusive litigation that the person against whom a claim of abusive litigation is asserted has voluntarily with drawn, abandoned, discontinued, or dismissed the civil proceeding, claim, defense, motion, appeal, civil process, or other position which the injured person claims consti tutes abusive litigation within 30 days after the mailing of the notice required by subsec tion (a) of Code Section 51-7-84 or prior to a ruling by the court relative to the civil proceeding, claim, defense, motion, appeal, civil process, or other position, whichever shall first occur; provided, however, that this defense shall not apply where the alleged
act of abusive litigation involves the seizure or interference with the use of the injured person's property by process of attachment, execution, garnishment, writ of possession,
lis pendens, injunction, restraining order, or similar process which results in special
damage to the injured person. (b) It shall be a complete defense to any claim for abusive litigation that the person
against whom a claim of abusive litigation is asserted acted in good faith; provided, how ever, that good faith shall be an affirmative defense and the burden of proof shall be
on the person asserting the actions were taken in good faith. (c) It shall be a complete defense to any claim for abusive litigation that the person
against whom a claim of abusive litigation is asserted was substantially successful on the
issue forming the basis for the claim of abusive litigation in the underlying civil proceed
ing. 51-7-83. (a) A plaintiff who prevails in an action under this article shall be entitled
to all damages allowed by law as proven by the evidence, including costs and expenses
of litigation and reasonable attorney's fees. (b) If the abusive litigation is in a civil proceeding of a court of record and no dam
ages other than costs and expenses of litigation and reasonable attorney's fees are claimed, the procedures provided in Code Section 9-15-14 shall be utilized instead.
(c) No motion filed under Code Section 9-15-14 shall preclude the filing of an action under this article for damages other than costs and expenses of litigation and reasonable
attorney's fees. Any ruling under Code Section 9-15-14 is conclusive as to the issues
resolved therein. 51-7-84. (a) As a condition precedent to any claim for abusive litigation, the person
injured by such act shall give written notice by registered or certified mail or some other
means evidencing receipt by the addressee to any person against whom such injured person intends to assert a claim for abusive litigation and shall thereby give the person
against whom an abusive litigation claim is contemplated an opportunity to voluntarily withdraw, abandon, discontinue, or dismiss the civil proceeding, claim, defense, motion,
appeal, civil process, or other position. Such notice shall identify the civil proceeding, claim, defense, motion, appeal, civil process, or other position which the injured person
claims constitutes abusive litigation. (b) An action or claim under this article requires the final termination of the pro
ceeding in which the alleged abusive litigation occurred and must be brought within one
year of the date of final termination. 51-7-85. On and after the effective date of this article, no claim other than as pro
vided in this article or in Code Section 9-15-14 shall be allowed, whether statutory or common law, for the torts of malicious use of civil proceedings, malicious abuse of civil process, nor abusive litigation, provided that claims filed prior to such date shall not be
affected. This article is the exclusive remedy for abusive litigation."

WEDNESDAY, MARCH 15, 1989

2461

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Chambless of the 133rd moved that the House adopt the report of the Committee of Conference on SB 239.
On the motion the ayes were 99, nays 2.
The motion prevailed.

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 183

The Committee of Conference on SB 183 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 183 be adopted.

Respectfully submitted,

FOR THE SENATE: 1st J. Nathan Deal
Senator, 49th District
As/ Donn M. Peevy Senator, 48th District

FOR THE HOUSE OF REPRESENTATIVES: ,. /s/ Marv Margaret Oliver Representative, 53rd District
/s/ charles A Thomas> Jr. Representative, 69th District

/si G. B. Pollard, Jr. Senator, 24th District

/s/ Roy Alien Representative, 127th District

A BILL
To amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Anno tated, 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; to change the provisions relating to fees of the clerks of the superior courts; 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 15 of the Official Code of Georgia Anno tated, relating to clerks of superior court, is amended by striking Code Section 15-6-61, which reads as follows:
"15-6-61. It is the duty of a clerk of the superior court:

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(1) To keep his office and all things belonging thereto at the county site and at the courthouse or at the place designated pursuant to Code Section 15-6-86;
(2) To attend all sessions of the court and keep fair and regular minutes of its pro ceedings from day to day, including a transcript of the judge's entries on his dockets when not more fully shown in a book kept for that purpose;
(3) To issue and sign every summons, subpoena, writ, execution, process, order, or other paper under the authority of the court and attach seals thereto when necessary. It shall likewise be the duty of the clerk to issue and sign under authority of the court any order to show cause in any pending litigation on behalf of any party thereto and any other order in the nature of a rule nisi, where no injunctive or extraordinary relief is granted;
(4) To keep in his office, or in court while court is in session, the following dockets and books:
(A) An issue docket, on which shall be placed all civil cases pending in his court in which an issue to be tried by a jury is made or is likely to be made;
(B) A motion docket, on which shall be placed only those motions which are to be decided by the judge without the intervention of a jury;
(C) Two subpoena dockets, one for civil cases and the other for criminal cases, which dockets shall show the name of the person, unless the subpoena was issued with such name in blank, for whom the subpoena was issued, its date, at whose
instance it was issued, and to whom it was delivered; (D) An execution docket, which shall show the names of the parties and their
attorneys, the date, the time the execution is returnable, to whom and when it was
delivered, when it was returned, and memoranda of all entries on the original. How ever, this execution docket shall not be kept in any county having a population of 300,000 or more according to the United States decennial census of 1940 or any
future such census; (E) A general execution docket, on which shall be entered all executions, and a
reverse index to such docket, on which shall be entered all executions entered on
such docket; (F) A trial docket of criminal cases, showing the names of the parties, their
attorneys, and the character of each case in the order in which the cases were returned to court;
(G) A docket of criminal cases to be known as the 'dead docket,' to which cases shall be transferred at the discretion of the presiding judge and which shall only be
called at his pleasure. When a case is thus transferred, all witnesses who may have been subpoenaed therein shall be released from further attendance until resubpoenaed;
(H) Duplicates of the issue and motion dockets, for the use of the bar; (I) Well-bound books for separately recording all deeds, mortgages, and other
liens and bills of sale, provided that instruments evidencing the title to personal property which have been recorded for more than ten years may be recorded and
any other records, excepting only instruments evidencing the title to real property, may be kept or recorded by microfilm or other photographic process of a permanent nature, so long as the proper indexes and adequate equipment are maintained and
the necessary personnel are provided for viewing such records; (J) An attachment docket, in connection with the general execution docket, or
in a separate book, showing the names of the plaintiff and defendant in attachment,
the court to which the attachment is returnable, the amount claimed, the day and hour of the levy, and a brief general description of the land or other property levied
on; (K) A filing docket, which shall show the day and hour of the filing of deeds,
mortgages, and liens of all kinds which are required to be recorded for any purpose,
which docket shall be open for examination and inspection as are other records of the office; and
(L) A lis pendens docket, in which shall be recorded all notices of lis pendens
on real property filed with the clerk, such lis pendens docket to have proper direct and inverse indexes, and such indexes to be arranged alphabetically;

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2463

(5) To have stamped and labeled properly, and numbered or lettered if required, all the books which he is required to keep and to keep for each, except the dockets called by the court, a proper index and to supply any of the books or indexes needed and to transcribe the contents of any books of record which may be in a dilapidated condition;
(6) To keep all the books, papers, dockets, and records belonging to his office with care and security and to keep the papers filed, arranged, numbered, and labeled, so as to be of easy reference;
(7) To keep at his office all publications of the laws of the United States furnished by the Governor and all publications of the laws and journals of this state, all statute laws and digests, this Code, the Supreme Court and Court of Appeals reports, and all other law books or other public documents distributed to him, for the public's conven ience;
(8) To procure, within 30 days after his qualification, a substantial seal of office with the name of the court and the county inscribed thereon, if this has not already been done;
(9) To make out and deliver to any applicant, upon payment of legal fees, a cor rect transcript, properly certified, of any minute, record, or file of his office;
(10) To make out a transcript of the record of each case to be considered by the Supreme Court or the Court of Appeals and a duplicate thereof numbered in exact accordance with the numbering of the pages of the original transcript of the record transmitted to the Supreme Court and the Court of Appeals, as the laws require;
(11) To make a notation on all conveyances or liens of the day they were left to be recorded and of the day they were recorded, to be signed officially, which notation shall be evidence of the facts stated. In counties having a population of more than 150,000 persons according to the United States decennial census of 1950 or any future such census, the notation may be made by the clerk or his deputy by written signature or by facsimile signature of the clerk;
(12) To attest deeds and other written instruments for registration; (13) To administer all oaths required by the court and to record all oaths required by law; and (14) To perform such other duties as are or may be required by law or as necessar ily appertain to the office of clerk of the superior court.", and inserting in lieu thereof a new Code Section 15-6-61 to read as follows: "15-6-61. (a) It is the duty of a clerk of superior court: (1) To keep the clerk's office and all things belonging thereto at the county site and at the courthouse or at such other place or places as authorized by law;
(2) To attend to the needs of the court in the performance of the duties of the clerk;
(3) To issue and sign every summons, writ, execution, process, order, or other paper under authority of the court and attach seals thereto when necessary. The clerk shall be authorized to issue and sign under authority of the court any order to show cause in any pending litigation and any other order in the nature of a rule nisi, where no injunctive or extraordinary relief is granted;
(4) To keep in the clerk's office the following dockets or books:
(A) A civil docket which shall contain separate case number entries for all civil actions filed in the office of the clerk, including complaints, proceedings, URESA actions, domestic relations, contempt actions, motions and modifications on closed civil actions, and all other actions civil in nature except adoptions;
(B) A criminal docket which shall contain a summary record of all criminal indictments in which true bills are rendered and all criminal accusations filed in the office of the clerk of superior court. The criminal docket shall contain entries of other matters of a criminal nature filed with the clerk, including quasi-civil proceed ings and entries of cases which are ordered dead docketed at the discretion of the presiding judge and which shall be called only at the judge's pleasure. When a case is thus dead docketed, all witnesses who may have been subpoenaed therein shall be released from further attendance until resubpoenaed;

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(C) A general execution docket on which may be entered all executions, such docket to be indexed in the name of the judgment debtor;
(D) A lis pendens docket, in which shall be recorded all notices of lis pendens on real property filed with the clerk, such docket to have direct and reverse indexes;
(E) A docket, file, series of files, book or series of books, microfilm records, or electronic data base for recording all deeds, liens, or other documents concerning or evidencing title to real property, where not otherwise specifically provided for; and
(F) An attachment docket, showing the names of the plaintiff and defendant in attachment, the court to which the attachment is returnable, the amount claimed, and a brief description of the land or other property to be levied on; (5) To keep all the books, papers, dockets, and records belonging to the office with care and security and to keep the papers filed, arranged, numbered, and labeled, so as to be of easy reference; (6) To keep at the clerk's office all publications of the laws of the United States furnished by the state and all publications of the laws and journals of this state, all statute laws and digests, this Code, the Supreme Court and Court of Appeals reports, and all other law books or other public documents distributed to him, for the public's convenience; provided, however, the clerk may consent that these publications be maintained in the public law library; (7) To procure a substantial seal of office with the name of the court and the county inscribed thereon, if this has not already been done; (8) To make out and deliver to any applicant, upon payment to the clerk of legal fees, a correct transcript, properly certified, of any minute, record, or file of the clerk's office except for such records or documents which are, by provision of law, not to be released; (9) Upon payment of legal fees to the clerk, to make out a transcript of the record of each case to be considered by the Supreme Court or the Court of Appeals and a duplicate thereof numbered in exact accordance with the numbering of the pages of the original transcript of the record to be transmitted to the Supreme Court and the Court of Appeals; (10) To make a notation on all conveyances or liens of the day they were left to be recorded, which shall be evidence of the facts stated. Such notation may be made by the clerk or the clerk's deputy or employee by written signature, facsimile signa ture, or mechanical printing; (11) To attest deeds and other written instruments for registration; (12) To administer all oaths required by the court and to record all oaths required by law; and (13) To perform such other duties as are or may be required by law or as necessar ily appertain to the office of clerk of the superior court. (b) Nothing in this Code section shall restrict or otherwise prohibit a clerk from electing to store for computer retrieval any or all records, dockets, indices, or files; nor shall a clerk be prohibited from combining or consolidating any books, dockets, files, or indices in connection with the filing for record of papers of the kind specified in this Code section or any other law, provided that any automated or computerized record keeping method or system shall provide for the systematic and safe preservation and retrieval of all books, dockets, records, or indices. When the clerk of superior court elects to store for computer retrieval any or all records, the same data elements used in a man ual system shall be used, and the same integrity and security maintained."
Section 2. Said article is further amended by striking Code Section 15-6-65, which reads as follows:
"15-6-65. All civil cases pending in the superior court shall be entered by the clerk thereof on one of the two dockets listed in subparagraph (A) or (B) of paragraph (4) of Code Section 15-6-61 and in all cases shall be entered and stand for trial in the order in which they came into court, without reference to the nature of the case. Such entry shall include the names of the parties and their attorneys, the nature of the action, and the character of service. No other entry or memoranda shall be made on such dockets except by the presiding judge or his order.",

WEDNESDAY, MARCH 15, 1989

2465

and inserting in lieu thereof a new Code Section 15-6-65 to read as follows: "15-6-65. All civil cases pending in the superior court shall be entered by the clerk
thereof on the civil docket as provided in Code Section 15-6-61 and shall stand for trial in the order in which they came into court except as otherwise provided by law."
Section 3. Said article is further amended by striking Code Section 15-6-66, which reads as follows:
"15-6-66. (a) The clerk of the superior court shall provide at the expense of each county a duplex index book in which shall be indexed the names of the grantor and grantee of every instrument recorded in his office, the character of the instrument, the date of the instrument, the book where recorded, and the date of the record.
(b) The clerk may provide a suitable cross-reference card-index system for indexing the records enumerated in subsection (a) of this Code section in lieu of a duplicate index book. The card index must be kept in locked glass door cabinets or in cabinets with sliding trays with locked covers so that the cards cannot be removed or replaced except by the clerk of the court or any of his authorized employees. When the indexing cycle is complete, which shall be at least annually, the card index shall be photocopied and bound in a permanent record.
(c) The name of the grantor as listed in the index book or card-index system shall be the name of the owner of the title which such instrument purports to convey or affect, whether the instrument was executed by the owner or by some other person, firm, or corporation on behalf of such owner, and whether or not such owner is deceased. An appropriate notation shall be made as to the capacity of the person, firm, or corporation executing the instrument on behalf of the owner.
(d) This Code section shall not apply to transactions covered by Article 9 of Title 11.", and inserting in lieu thereof a new Code Section 15-6-66 to read as follows:
"15-6-66. (a) The clerk of the superior court shall provide at the expense of each county a suitable duplex index book, or a series of books, or a card index, or a microfilm record, or an electronic data base, or any combination of one or more of such systems, in which shall be indexed the name of the grantor and grantee of every instrument recorded pursuant to subparagraph (a)(4)(E) of Code Section 15-6-61, such index to include the character of the instrument, the book or location of the record, and the date of filing and to include the time of filing if not otherwise reflected in the record.
(b) The name of the grantor as listed in the index shall be the name of the owner of the title which such instrument purports to convey or affect, whether the instrument was executed by the owner or by some other person, firm, or corporation on behalf of such owner, and whether or not such owner is deceased. 11(."c) This Code section shall not apply to transactions covered by Article 9 of Title

Section 4. Said article is further amended by striking subsection (b) of Code Section 15-6-68, which reads as follows:
"(b) The clerk of the superior court of each county shall also provide himself with an appropriate index book in which he must index all such maps or plats under the cap tion or name of the subdivision, if any, under the name of the owner or owners of the property mapped or platted, and also under the land lot number and district number if the land lies in that portion of the state which has been surveyed into land lots and districts.",
and inserting in lieu thereof a new subsection (b) to read as follows: "(b) The clerk of the superior court shall also provide an appropriate index book, or
a series of index books, or a card index, or a microfilm record, or an electronic data base, or any combination of one or more of such systems, in which shall be indexed all such maps or plats under the caption or name of the subdivision, if any, under the name of the owner or owners of the property mapped or platted, and also under the land lot number and district number if the land lies in that portion of the state which has been surveyed into land lots and districts."

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Section 5. Said article is further amended by striking subparagraph (b)(l)(A) of Code Section 15-6-77, relating to fees of the clerks of the superior courts, and inserting in lieu thereof a new subparagraph (A) to read as follows:
"(A) As used in this paragraph, the term 'domestic civil cases' means divorce cases, alimony cases, child support cases, annulment cases, and separate maintenance cases, and any modification of decree in any such cases."
Section 6. Said article is further amended by striking subsection (a) of Code Section 15-6-87, which reads as follows:
"(a) The clerk of the superior court of any county of this state may install and use photostatic equipment or other photographic equipment, including microfilm photo graphic equipment, in recording, copying, and furnishing copies of any and all instru ments, records, and proceedings or parts of the same of record or on file in his office, with the consent and permission only of the county governing authority. The equipment and supplies for the same may be provided by the proper and respective county authori ties out of county funds.", and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The clerk of the superior court of any county of this state may install and use photostatic or other photographic equipment, including microfilm photographic equip ment, and electronic or computer equipment for use in the filing, docketing, recording, copying, binding, indexing, certification, and furnishing of copies, including certified copies, of any and all instruments, records, and proceedings or parts of the same of record or on file in the clerk's office, with the consent and permission only of the county governing authority. The equipment and supplies for the same may be provided by the proper and respective county authorities out of county funds."
Section 7. This Act shall become effective on July 1, 1989.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

Representative Thomas of the 69th moved that the House adopt the report of the Committee of Conference on SB 183.
On the motion the ayes were 110, nays 0.
The motion prevailed.

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 185

The Committee of Conference on SB 185 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 185 be adopted.
Respectfully submitted,

WEDNESDAY, MARCH 15, 1989

2467

FOR THE SENATE:
Is/ C. Donald Johnson, Jr. Senator, 47th District
M Tommy C. Olmstead Senator, 26th District
/s/ Frank A. Albert Senator, 23rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ HuSh Byd Pettlt In Representative, 19th District
/s/ Thurbert E. Baker Representative, 51st District
Is/ Tommy Chambless Representative, 133rd District

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 immediate writs of possession and foreclosures arising out of certain transactions involving the issuance of a bad check; to provide for a petition for immediate writ of possession with respect to cer tain transactions involving the issuance of a bad check; to provide for procedures; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 4 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosures on personalty, is amended by striking in its entirety Code Section 44-14-261, relating to a petition for immediate writ of possession, and inserting in lieu thereof a new Code Section 44-14-261 to read as follows:
"44-14-261. Any person seeking to foreclose an interest in personal property arising out of a commercial transaction under this subpart may seek an immediate writ of pos session from the court before which the petition is filed if the petition contains a state ment of facts, under oath, by the petitioner or his agent or attorney which sets forth the basis of the petitioner's claim and a sufficient ground for the issuance of an immedi ate writ of possession. No such writ shall issue on an interest arising out of a consumer transaction; provided, however, that an immediate writ of possession may issue for mer chandise or services rendered on merchandise which was paid for, in whole or in part, by a bad check as the term 'bad check' is defined in Code Section 44-14-516."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Pettit of the 19th moved that the House adopt the report of the Committee of Conference on SB 185.
On the motion the ayes were 97, nays 1.
The motion prevailed.

Representative Banner of the 131st arose to a point of personal privilege and addressed the House.

Representative Mangum of the 57th arose to a point of personal privilege and addressed the House.

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

HOUSE RULES CALENDAR WEDNESDAY, MARCH 15, 1989
Mr. Speaker and Members of the House:

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Your Committee on Rules met and submits the following supplemental to the calendar already adopted this March 15, 1989, by adding the following:
SR 140 Commission on Economy and Efficiency in State Government: Create
Except as herein amended, the provisions of the calendar heretofore submitted shall remain in full force and effect.
Respectfully submitted, /s/ Lee of the 72nd
Chairman

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

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

HB 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 compen sation of Justices of the Supreme Court and Judges of the Court of Appeals; to provide a mechanism for future changes in such compensation.

The President has appointed on the part of the Senate the following: Senators Allgood of the 22nd, Johnson of the 47th and Starr of the 44th.

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

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

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

HB 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 Anno tated, 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 Commis sion 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 following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

WEDNESDAY, MARCH 15, 1989

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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 Anno tated, 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 Senate substitute was read:

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 change the provisions relative to appeals to the superior court; to provide that a decision of the board, if heard within 60 days from the date of filing of the notice of appeal, shall be considered affirmed by operation of law if no order of the court has been entered within 20 days from the date of the hearing; to provide for practices and procedures; to provide for editorial revision; 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. 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 mem bers of the board er administrative tew judges, but not thereafter, appeal from the deci sion in such final award or from any other final decision of the board to the superior court of the county in which the injury occurred or, if the injury occurred 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. Any party conceiving him-
from any final decision ef the board and Said appeal shall be filed with the board in writing 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 of the notice of appeal with the board, 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 assign ment 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 notice of appeal is filed with the board, the decision by of the board shall be considered affirmed by the court operation of law 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 notice of appeal is filed with the board because same has been con tinued to a date certain by order of the court, the decision of the board shall be consid ered affirmed by operation of law 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 notice of appeal is filed, the decision of the board shall be considered affirmed by operation of law if no order of the court dispositive of the issues on appeal has been entered within 20 days of the date of the hearing."

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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 above in subsection (c) of this Code section. If
the event a hearing is not held and a decision is not rendered by the superior court within the time provided in subsection (b) of this Code section, the court ahall affirm the decision of the board se appealed from shall, by operation of law, be affirmed. The date of entry of judgment for purposes of appeal pursuant to Code Section 5-6-35 of a decision affirmed by operation of law without action of the superior court shall be the last date on which the superior court could have taken action under subsection (b) of this Code section. 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."
Section 3. This Act shall become effective on July 1, 1989, and shall apply to all awards or decisions of the State Board of Workers' Compensation issued on or after July 1, 1989.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following substitute to HB 274, offered by Representative Thomas of the 69th, to the Senate substitute was read and adopted:

A BILL
To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change provisions relating to the compensation of the chairman and members of the State Board of Workers' Compensation and administrative law judges of the board; to change the provisions relative to appeals to the superior court; to provide that a decision of the board, if heard within 60 days from the date of filing of the notice of appeal, shall be considered affirmed by operation of law if no order of the court has been entered within 20 days from the date of the hearing; to provide for prac tices and procedures; to provide for editorial revision; to provide that a copy of the state ment of fees charged by the rehabilitation suppliers need not be filed with the board; to provide that no rehabilitation supplier shall bill the employee for authorized rehabilitation services; to provide that a rehabilitation supplier shall hold certain certifications or licenses; to provide that the board shall have certain authority with regard to rehabilita tion supplier applicants; to provide that the board may set the standards and qualifica tions of rehabilitation suppliers; to provide for a definition; to provide that in certain injuries the employer or insurer shall appoint a registered rehabilitation supplier; to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, so as to remove provisions relating to compensation of the chair man and members of the State Board of Workers' Compensation; to provide for related matters; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking Code Section 34-9-52, relating to offi cials, personnel, and employees subject to the state merit system and the compensation of members of the board, and inserting in its place a new Code Section 34-9-52 to read as follows:

WEDNESDAY, MARCH 15, 1989

2471

"34-9-52. (a) All members of the board, including the chairman thereof, shall be in the unclassified service, as defined in Code Section 45-20-2, and shall not be subject to the laws and rules and regulations of the state merit system. The salaries of all members of the board, including the chairman thereof, shall be as provided by lawr Until changed
shall be that compensation which was effect en January 1-, 1981 in this Code section. Effective July 1^ 1989, the chairman and each member of the board shall receive an annual salary which is equal to 90 percent of the base annual salary provided as of January 1, 1989, for each Judge of the Court of Appeals in Code Section 45-7-4.
(b) All other officials, personnel, and employees of the board are placed under the state merit system and shall be subject to the laws, rules, and regulations relative to that system; provided, however, that; except for compensation, such laws, rules, and regula tions shall not apply to the administrative law judges, whose method of appointment, removal, and terms of office shall remain as now provided by law and whose compen sation shall be as provided in subsection (c) of this Code section.
(c) Each administrative law judge shall receive an annual salary equal to the annual salary received by such administrative law judge as of January ^, 1989, plus $6,000.00, but in no event more than the lesser of: (1) the salary paid to each member of the board pursuant to subsection (a) of this Code section; or (2) the base annual salary provided as of January 1^ 1989, for each superior court judge in Code Section 45-7-4."
Section 2. Said chapter is further amended by striking in their entirety subsections (b) and (d) of Code Section 34-9-105, relating to hearings of and appeals from the State Board of Workers' Compensation, and inserting in lieu thereof new subsections (b) and (d) 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 mem bers of the board or administrative law jaetgea, but not thereafter, appeal from the deci sion in such final award or from any other final decision of the board to the superior court of the county in which the injury occurred or, if the injury occurred 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. Any party conceiving himsell aggrieved may tuc an application m writing witn tne board asKing* tor an appeal from any final decision ef tne board and Said appeal shall be filed with the board in writing 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 of the notice of appeal with the board, 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 assign ment 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 notice of appeal is filed with the board, the decision by of the board shall be considered affirmed by the court operation of law 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 notice of appeal is filed with the board because same has been con tinued to a date certain by order of the court, the decision of the board shall be consid ered affirmed by operation of law 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 notice of appeal is filed, the decision of the board shall be considered affirmed by operation of law if no order of the court dispositive of the issues on appeal has been entered within 20 days of the date of the hearing."
"(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 above in subsection (c) of this Code section. If
the event a hearing is not held and a decision is not rendered by the superior court

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within the time provided in subsection (b) of this Code section, the court shall affirm th decision of the board se appealed from shall, by operation of law, be affirmed. The date of entry of judgment for purposes of appeal pursuant to Code Section 5-6-35 of a decision affirmed by operation of law without action of the superior court shall be the last date on which the superior court could have taken action under subsection (b) of this Code section. 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."
Section 3. Said chapter is further amended by striking in their entirety subsections (e) and (g) of Code Section 34-9-200.1, relating to rehabilitation benefits and effect of employee's refusal of treatment in workers' compensation cases, and inserting in lieu thereof new subsections (e) and (g) to read as follows:
"(e) Fees of rehabilitation suppliers and the reasonableness and necessity of their services shall be subject to the approval of the State Board of Workers' Compensation. All rehabilitation suppliers shall file with the board all forms required by the board ad a copy Or tnc statement Or tecs charged, r allure to comply snail proniDit tne rendoilita~
bilitation supplier shall bill an employee for authorized rehabilitation services. The board may require recommendations from a panel of appropriate peers of the rehabilita tion supplier in determining whether the fees submitted and necessity of services rendered were reasonable. The recommendations of the panel of appropriate peers shall be evidence of the reasonableness of fees and necessity of service which the board may consider."
"(g) Any rehabilitation supplier shall be certified by ene ef the four hold one of the following certifications or licenses:
(1) Certified Rehabilitation Counselor (CRC); (2) Certified Insurance Rehabilitation Specialist (CIRS); (3) Association ef Rehabilitation Nurses (ARN); or Certified Rehabilitation Regis tered Nurse (CRRN); (4) Work Adjustment and Vocational Evaluation Specialist (WAVES)] or (5) Licensed Professional Counselor (LPC) and shall be registered with the State Board of Workers' Compensation. Failure to comply with this chapter er rules attd regulations ef the board may result 4n the revocatien ef registration ef the rehabilitation supplier by th board. The board shall have the authority to refuse to register an applicant as a rehabilitation supplier, to remove a reha bilitation supplier from a case, to require corrective actions of a rehabilitation supplier, to assess penalties as provided under Code Section 34-9-21 against a rehabilitation sup plier, or to suspend or revoke the board registration of a rehabilitation supplier for fail ure to comply with this chapter or the rules and regulations of the board or the standards of ethics of the applicable licensing or certifying body. Revocation of registra tion shall be determined in a hearing before an administrative law judge and an adverse decision may be appealed as provided under Code Sections 34-9-103 and 34-9-105. The board may establish by rule based upon recognized qualifications, educational standards, and competency in the field of rehabilitation suppliers, as determined and set out by the board, those persons who will be authorized to provide rehabilitation services to injured employees under this chapter."
Section 4. Said chapter is further amended by adding at the end of said Code Section 34-9-200.1 a new subsection (h) to read as follows:
"(h) 'Catastrophic injury' means any injury which is one of the following: (1) Spinal cord injury; (2) Multiple amputation; (3) Severe brain or closed head injury;

WEDNESDAY, MARCH 15, 1989

2473

(4) Second or third degree burns over 25 percent of the body as a whole or third degree burns to 5 percent or more of the face or hands;
(5) Total or industrial blindness; or (6) Any other injury determined to be catastrophic in nature by the board. In the event an injured employee has a catastrophic injury, the employer or insurer shall appoint a registered rehabilitation supplier within 48 hours of notification of the injury. The rehabilitation supplier appointed to a catastrophic injury case shall have the exper tise which, in the judgment of the board, is necessary to provide rehabilitation services in such case."
Section 5. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to the annual salaries of certain state officials, is amended by striking in their entirety paragraphs (17.1) and (17.2) of subsection (a), which read as follows:
"(17.1) Chairman of the State Board of Workers' Compensation............... 65,154.00
(17.2) Each member of the State Board of Workers' Compensation other than the chairman.................................................................... 64,119.00"

Section 6. This Act shall become effective on July 1, 1989, and Section 1 of this Act shall apply to all awards or decisions of the State Board of Workers' Compensation issued on or after July 1, 1989.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

Representative Thomas of the 69th moved that the House agree to the Senate substi tute to HB 274, as substituted by the House.
On the motion the ayes were 102, nays 8.
The motion prevailed.

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

SB 267. By Senators Stumbaugh of the 55th, Dawkins of the 45th, Tysinger of the 41st and others:
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; to provide for definitions; to provide for membership in the pool; to provide for operation of the pool; to provide for a board of directors; to provide for powers and duties of the pool.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 267

The Committee of Conference on SB 267 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 267 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Harrill L. Dawkins
Senator, 45th District
/s/ J. Nathan Deal benator, 49th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Weslev Dunn Representative, 73rd District
/s/ Pete Robinson Representative, 96th District

/s/ Stumbaugh Senator, 55th District

/s/ Ware Representative, 77th District

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JOURNAL OF THE HOUSE,

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 High Risk Health Insurance Plan; to provide for a short title; to provide for definitions; to provide for the operation and authority of the plan; to provide for the assignment of the plan to the Department of Insurance for administrative purposes; to provide for a board of directors; to provide for powers, duties, and compensation of the board; to provide for other matters relative to the board; to pro vide for powers and duties of the Commissioner of Insurance with respect to the plan; to provide for eligibility of coverage under the plan; to provide for selection of an administra tor of the plan; to provide for duties, powers, and responsibilities of the administrator; to provide for submission to the board of reports regarding operation of the plan; to provide for availability of benefits; to provide for covered services; to provide for exclusions; to provide for premiums, deductibles, and coinsurance; to provide for exclusion of preexisting conditions for certain time periods; to provide for nonduplication of benefits; to provide that certain actions of the plan or the board shall not be the basis for any legal action; to authorize appropriations, gifts, and donations to the plan; to provide that gifts or dona tions shall be considered trust funds; to exempt the plan from all state and local taxes; to provide for other matters relative to the foregoing; to provide an effective date for cer tain purposes and conditions for an effective date for all purposes; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding at the end thereof a new Chapter 43 to read as follows:
"CHAPTER 43
33-43-1. This chapter shall be known and may be cited as the 'Georgia High Risk Health Insurance Plan.'
33-43-2. As used in this chapter, the term: (1) 'Accident and sickness insurance' means that type of insurance as defined in
Code Section 33-7-2 but does not include short-term disability, fixed indemnity, limited benefit, or credit insurance coverage issued as a supplement to liability insur ance, insurance arising out of a workers' compensation or similar law, automobile medical payment insurance, or insurance under which benefits are payable with or without regard to fault and which is statutorily required to be contained in any liabil ity insurance policy or equivalent self-insurance.
(2) 'Benefits' means the coverages to be offered by the plan to eligible persons pur suant to Code Section 33-43-7.
(3) 'Board' means the board of directors of the plan. (4) 'Commissioner' means the Commissioner of Insurance. (5) 'Department' means the Department of Insurance. (6) 'Health maintenance organization' means any organization authorized to trans act business in this state pursuant to Chapter 21 of this title. (7) 'Hospital' means any institution or medical facility as defined in Code Section 31-7-1.
(8) 'Insurance arrangement' means any plan, program, contract, or any other arrangement under which one or more employers, unions, or other organizations pro vide to their employees or members, either directly or indirectly through a trust or third-party administrator, health care services or benefits in a manner other than through an insurer.
(9) 'Insured' means any individual resident of this state who is eligible to receive benefits from any insurer or insurance arrangement as defined in this Code section.
(10) 'Insurer' means any insurance company authorized to transact accident and sickness insurance business in this state, any nonprofit medical service corporation, any nonprofit hospital service corporation, any health care plan, and any health maintenance organization authorized to transact business in this state.

WEDNESDAY, MARCH 15, 1989

2475

(11) 'Medicare' means coverage under both Parts A and B of Title XVIII of the Social Security Act, 42 USC 1395, et seq., as amended.
(12) 'Method of operation' means the method of operation of the plan, including articles, bylaws, and operating rules adopted by the board pursuant to Code Section 33-43-3.
(13) 'Physician' means a person licensed to practice medicine under Chapter 34 of Title 43.
(14) 'Plan' means the Georgia High Risk Health Insurance Plan as created in Code Section 33-43-3. 33-43-3. (a) There is created a body corporate and politic to be known as the 'Georgia High Risk Health Insurance Plan' which shall be deemed to be an instru mentality of the state and a public corporation. The Georgia High Risk Health Insur ance Plan shall have perpetual existence and any change in the name or composition of the plan shall in no way impair the obligations of any contracts existing under this chapter. The Georgia High Risk Health Insurance Plan is assigned to the Department of Insurance for administrative purposes only as prescribed in Code Section 50-4-3. (b) There is created a board of directors of the Georgia High Risk Health Insurance Plan to be composed of ten members appointed as provided in this subsection and the Commissioner of Insurance, who shall serve as an ex officio member. The Commissioner shall appoint, with the approval of the Governor, one member who shall represent domestic insurers licensed to transact accident and sickness insurance in this state, one member who shall represent a domestic nonprofit health care service plan, and one member who shall be a hospital administrator. The Governor shall appoint two members who shall be consumers, one member who shall represent employers who have more than 25 employees, one member who shall represent employers who have less than 25 employees, one member who shall represent health maintenance organizations, one member who shall be a licensed physician, and one member who shall either be a repre sentative of the Department of Human Resources or a representative of a government agency involved directly or indirectly in state-wide health planning. All members of the board shall serve for terms of six years, except the Commissioner whose term shall be concurrent with his term of office as Commissioner. The board shall select one of its members to serve as chairman. The members of the board of directors shall be required to take and subscribe before the Governor an oath to discharge the duties of their office faithfully and impartially. This oath shall be in addition to the oath required of all civil officers. The members of the board of directors shall not be entitled to compensation for their services but shall be entitled to reimbursement for their actual travel and expenses necessarily incurred in the performance of their duties when funds are avail able for this purpose. (c) The board of directors shall establish a method of operation for the plan and any amendments thereto necessary or suitable to assure the fair, reasonable, and equitable administration of the plan. The method of operation and any amendments thereto shall be submitted to the Commissioner for his evaluation and he shall make recommenda tions to the board of directors if he feels revisions are required to assure the fair, reason able, and equitable administration of the plan. The Commissioner shall, after notice and hearing, approve the method of operation, provided such is determined to be suitable to assure the fair, reasonable, and equitable administration of the plan. The method of operation shall become effective upon approval in writing by the Commissioner consis tent with the date on which the coverage under this chapter may be made available. If the plan fails to submit a suitable method of operation within 180 days after the appointment of the board of directors or at any time thereafter fails to submit suitable amendments to the plan, the Commissioner shall, after notice and hearing, adopt and promulgate such reasonable rules as are necessary or advisable to effectuate the provi sions of this Code section. Such rules shall continue in force until modified by the Commissioner or superseded by a method of operation submitted by the board and approved by the Commissioner. (d) In the method of operation the directors shall:
(1) Establish procedures for the handling and accounting of assets and moneys of
the plan;

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(2) Select an administrator, which shall be an insurer licensed to transact accident and sickness insurance in this state, in accordance with Code Section 33-43-5;
(3) Establish procedures for filling vacancies on the board of directors; (4) Establish a fixed benefit schedule for the payment of benefits and cost contain ment features designed to assist in controlling the costs of the plan; and (5) Develop and implement a program to publicize the existence of the plan, the eligibility requirements, and procedures for enrollment and to maintain public aware ness of the plan. (f) The plan shall have the general powers and authority granted under the laws of this state to insurance companies licensed to transact accident and sickness insurance as defined under Code Section 33-43-2 and, in addition thereto, the specific authority to: (1) Enter into contracts as are necessary or proper to carry out the provisions and purposes of this chapter, including the authority to enter into contracts with similar funds or pools of other states for the joint performance of common administrative functions or with persons or other organizations for the performance of administrative functions. The plan shall have the authority to establish reciprocal agreements with similar pools or funds of other states and may agree to waive the residency require ment specified in subsection (a) of Code Section 33-43-4 with respect to persons who become residents of this state and were covered under a similar pool or fund with which the plan had established a reciprocal agreement; (2) Bring or defend actions; (3) Take such legal action as necessary to avoid the payment of improper claims against the plan or the coverage provided by or through the plan; (4) Establish appropriate rates; rate schedules; rate adjustments; expense allow ances; agents' referral fees; claim reserve formulas; cost containment features, includ ing, but not limited to, second opinions for surgeries, review and auditing of claims, precertification of hospital admissions and surgeries, and preferred providers; and any other actuarial functions appropriate to the operation of the plan. Rates and rate schedules may be adjusted for appropriate risk factors such as age and area variation in claim cost and shall take into consideration appropriate risk factors in accordance with established actuarial and underwriting practices; (5) Issue policies or certificates of insurance coverage in accordance with the requirements of this chapter; and (6) Establish rules, conditions, and procedures for reinsurance of risks of the plan. 33-43-4. (a) Any individual person who has been a resident of this state for at least six months prior to the application for coverage shall be eligible for coverage under the plan, except the following: (1) Any person who is at the time of plan application eligible for health care bene fits under Article 7 of Chapter 4 of Title 49 , the 'Georgia Medical Assistance Act of 1977'; (2) Any person having terminated coverage in the plan unless 12 months have elapsed since such termination; (3) Any person on whose behalf the plan has paid out $500,000.00 in benefits; and
(4) Inmates of public institutions and persons eligible for public programs.
(b) Any person who ceases to meet the eligibility requirements of this Code section may be terminated at the end of the policy period.
(c) Any eligible person may apply for coverage under the plan. If such coverage is applied for within 30 days after the involuntary termination of previous accident and sickness insurance coverage and if premiums are paid to the plan for the entire coverage period to be issued, the effective date of the coverage under the plan shall be the date of termination of the previous coverage.
33-43-5. (a) The board of directors shall select an insurer through a competitive bidding process to administer claims payments of the plan. The board shall evaluate bids submitted based on criteria established by the board which shall include:
(1) The insurer's proven ability to handle individual accident and sickness insur
ance;

WEDNESDAY, MARCH 15, 1989

2477

(2) The efficiency of the insurer's claim-paying procedures; (3) An estimate of total charges for administering the plan; and (4) The insurer's ability to administer the pool in a cost-efficient manner. (b) (1) The administrator shall serve for a period of three years subject to removal for cause. (2) At least one year prior to the expiration of each three-year period of service by the administrator, the board shall invite all insurers, including the insurer serving as the current administrator, to submit bids to serve as the administrator for the suc ceeding three-year period. Selection of the administrator for the succeeding period shall be made at least six months prior to the end of the current three-year period. (c) (1) The administrator shall perform all eligibility and administrative claims pay ment functions relating to the plan. (2) The administrator shall establish a premium billing procedure for collection of premiums from insured persons. Billings shall be made on a periodic basis as deter mined by the board. (3) The administrator shall perform all necessary functions to assure timely pay ment of benefits to covered persons under the plan, including:
(A) Making available information relating to the proper manner of submitting a claim for benefits to the plan and distributing forms upon which such submission shall be made; and
(B) Evaluating the eligibility of each claim for payment by the plan. (4) The administrator shall submit to the board regular reports regarding the oper ation of the plan. The frequency, content, and form of the reports shall be as deter mined by the board. (5) Following the close of each calendar year, the administrator shall determine net written and earned premiums, the expense of administration, and the paid and incur red losses for the year and report this information to the board and the department on a form as prescribed by the Commissioner. (6) The administrator shall be paid as provided in the method of operation for its expenses incurred in the performance of its services. 33-43-6. (a) Following the close of each fiscal year, the plan administrator shall determine the net premiums, which shall be total premiums less administrative expense allowances, the plan expenses of administration, and the incurred losses for the year, taking into account investment income and other appropriate gains and losses, and shall report such information to the board of directors. (b) The board of directors may revise the fixed schedule of benefits and cost con tainment features provided under the plan as necessary to ensure that the plan main tains adequate resources for continued operation. 33-43-7. (a) The plan shall offer major medical expense coverage to every eligible person. Major medical expense coverage offered by the plan shall pay an eligible person's covered expenses, subject to limits on the deductible and coinsurance payments authorized under paragraph (3) of subsection (d) of this Code section, up to an annual limit of $100,000.00 and up to a lifetime limit of $500,000.00 per covered individual. The annual limit and maximum lifetime limit provided under this subsection shall not be altered by the board, and no actuarial equivalent benefit may be substituted by the board. (b) As used in this Code section, the term 'covered expenses' shall mean the sched uled benefits established for the following services and articles when determined by the board to be medically necessary: (1) Hospital services; (2) Professional services for the diagnosis or treatment of injuries, illnesses, or conditions, other than dental, which services are rendered by a physician or by other licensed professionals at his direction. (3) Drugs requiring a physician's prescription; (4) Services of a licensed skilled nursing facility for not more than 120 days during a policy year; (5) Services of a home health agency for not more than 120 services during a policy year;

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(6) Use of radium or other radioactive materials;
(7) Oxygen; (8) Anesthetics;
(9) Prostheses other than dental; (10) Rental or purchase of durable medical equipment, other than eyeglasses and hearing aids, for which there is no personal use in the absence of the conditions for which is prescribed; (11) Diagnostic X-rays and laboratory tests; (12) Oral surgery for excision of partially or completely unerupted, impacted teeth or for the gums and tissues of the mouth when not performed in connection with the extraction or repair of teeth; (13) Services of a licensed physical therapist;
(14) Transportation provided by a licensed ambulance service to the nearest facility qualified to treat the condition;
(15) Services for diagnosis and treatment of mental and nervous disorders; and (16) Professional services for the diagnosis or treatment of injuries, illnesses, or conditions, which services are rendered by health care professionals licensed pursuant to Chapter 30, 35, or 39 of Title 43. (c) Covered expenses shall not include the following:
(1) Any charge for treatment for cosmetic purposes other than surgery for the repair or treatment of an injury or a congenital bodily defect to restore normal bodily functions;
(2) Care which is primarily for custodial or domicilliary purposes; (3) Any charge for confinement in a private room to the extent it is in excess of the institution's charge for its most common semiprivate room, unless a private room is prescribed as medically necessary by a physician; (4) That part of any charge for services rendered or articles prescribed by a physi cian, dentist, or other health care personnel which exceeds the scheduled benefits
established by the board or for any charge not medically necessary; (5) Any charge for services or articles the provision of which is not within the
scope of authorized practice of the institution or individual providing the services or articles;
(6) Any expense incurred prior to the effective date of coverage by the plan for
the person on whose behalf the expense is incurred; (7) Dental care except as provided in paragraph (12) of subsection (b) of this Code
section;
(8) Eyeglasses and hearing aids; (9) Illness or injury due to acts of war; (10) Services of blood donors and any fee for failure to replace the first three pints
of blood provided to an eligible person each policy year; and (11) Personal supplies or services provided by a hospital or nursing home or any
other nonmedical or nonprescribed supply or service.
(d) (1) Separate schedules of premium rates based on age, sex, and geographical location may apply for individual risks.
(2) The board of directors shall determine the standard risk rate by calculating the
average individual standard rate charged by the five largest insurers offering coverages in the state comparable to the plan coverage. In the event five insurers do not offer
comparable coverage, the standard risk rate shall be established using reasonable actu arial techniques and shall reflect anticipated experience and expenses for such cover age. Initial rates for coverage under the plan shall not be less than 125 percent of
rates established as applicable for individual standard risks. Subsequent rates shall be established to provide fully for the expected costs of claims, including recovery of
prior losses, expenses of operation, investment income of claim reserves, and any other cost factors subject to the limitations described in this chapter; provided, however,
that in no event shall plan rates exceed 150 percent of rates applicable to individual standard risks. All rates and rate schedules shall be submitted to the Commissioner for his review and evaluation and he may make recommendations to the board con
cerning rates for coverage under the plan.

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(3) The plan coverage defined in this Code section shall provide optional deductibles of $500.00 or $1,500.00 per annum per individual and coinsurance of 20 percent, such coinsurance and deductibles in the aggregate not to exceed $2,000.00 per individual nor $4,000.00 per family per annum. The deductibles and coinsurance fac tors may be adjusted annually according to the Medical Component of the Consumer Price Index. (e) Plan coverage shall exclude all charges or expenses incurred during the first six months following the effective date of coverage and charges or expenses incurred which are in excess of $10,000.00 per insured individual during the seventh through twelfth months following the effective date of coverage as to any condition which during the sixmonth period immediately preceding the effective date of coverage:
(1) Had manifested itself in such a manner as would cause an ordinarily prudent person to seek diagnosis, care, or treatment; or
(2) For which medical advice, care, or treatment was recommended or received. Such preexisting condition exclusions shall be waived to the extent to which similar exclusions, if any, have been satisfied under any prior accident and sickness insurance coverage which was involuntarily terminated, provided that application for plan coverage is made not later than 30 days following such involuntary termination, and in such case, coverage under the plan shall be effective from the date on which such prior coverage was terminated.
(f) (1) Benefits otherwise payable under plan coverage shall be reduced by all amounts paid or payable through any other accident and sickness insurance or insur ance arrangement and by all hospital and medical expense benefits paid or payable under any workers' compensation coverage, automobile medical payment, or liability insurance, whether provided on the basis of fault or no-fault, and by any hospital or medical benefits paid or payable under or provided pursuant to any state or federal law or program except Medicaid.
(2) The administrator or the board of directors of the plan shall have a cause of action against an eligible person for the recovery of the amount of benefits paid which are not covered expenses. Benefits due from the plan may be reduced or refused as a setoff against any amount recoverable under this paragraph. 33-43-8. The establishment of rates, forms, procedures, or fixed schedules of benefits or any other similar action required by this chapter shall not be the basis of any legal action, criminal or civil liability, or penalty against the plan or the board of directors of the plan. 33-43-9. The plan established pursuant to this chapter shall be exempt from any and all taxes levied by this state or any of its political subdivisions. 33-43-10. (a) The plan shall be authorized to receive donations or gifts from indi viduals, private organizations, foundations, or other sources and shall be authorized to receive state funds or any federal funds which may become available. Any funds received as donations or gifts shall be deemed trust funds to be held and applied solely for the purposes of this chapter. (b) The General Assembly shall be authorized, but in no event shall be required, to appropriate moneys to the plan."
Section 2. This Act shall become effective on July 1, 1989, only for the purposes of the appointment of the board of directors and the establishment of elements of the method of operation of the plan by the board. This Act shall become effective for all pur poses only upon the appropriation of funds by the General Assembly necessary to carry out the purposes of this Act.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Dunn of the 73rd moved that the House adopt the report of the Committee of Conference on SB 267.
On the motion the ayes were 105, nays 3.
The motion prevailed.

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JOURNAL OF THE HOUSE,

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

HB 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 compen sation of Justices of the Supreme Court and Judges of the Court of Appeals; to provide a mechanism for future changes in such compensation.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 55

The Committee of Conference on HB 55 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 55 be adopted.
Respectfully submitted,

FOR THE SENATE: /s/ Terrell Starr /s/ C. Donald Johnson, Jr.

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Larry Walker >s i ^m J. Lee

/s/ Thomas F. Allgood

/s/ Denmark Groover, Jr.

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 change the compensation of Justices of the Supreme Court and Judges of the Court of Appeals; to provide for related matters; to pro vide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, is amended by striking paragraphs (18) and (19) of subsection (a) and inserting in their place new paragraphs to read as follows:
"(18) Each Justice of the Supreme Court......................................................... 90,514.00
(19) Each Judge of the Court of Appeals........................................................... 89,931.00"

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 becomes law without such approval. For purposes only of the general appropriations Act for the year beginning July 1, 1989, the cost-of-living adjustment provisions of subsection (b) of Code Section 45-7-4 shall not apply with respect to Justices of the Supreme Court and Judges of the Court of Appeals.
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 55.

WEDNESDAY, MARCH 15, 1989

2481

On the motion the ayes were 95, nays 7. The motion prevailed.

Representative Wall of the 61st wished to be recorded as voting "nay" on the adop tion of the Committee of Conference report on HB 55.

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 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 Anno tated, 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 Commis sion 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.

Representative Mangum of the 57th moved that the House insist on its position in disagreeing to the Senate substitute to HB 628 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 Moore of the 139th, Mangum of the 57th and Cummings of the 17th.

The following Bills and Resolution of the House and Senate were taken up for the purpose of considering the reports of the Committees of Conference thereon:

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 following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 719

The Committee of Conference on HB 719 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 719 be adopted.
Respectfully submitted,

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FOR THE SENATE:
/s/ Hugh M. Gillis Senator, 20th District
/s/ Bill English Senator, 21st District
/s/ Lewis H. McKenzie Senator, 14th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Wade Mllam Representative, 81st District
/g/ j Crawford Ware Representative, 77th District
Dean Alford Representative, 57th District

A BILL
To amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Anno tated, known as the "Georgia Water Quality Control Act," so as to authorize local govern mental entities to mandate within their respective jurisdictions the retail sale of low phosphorus household laundry detergents under certain circumstances; to provide for ordi nances and the contents thereof; 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 Anno tated, known as the "Georgia Water Quality Control Act," is amended by adding, following Code Section 12-5-27, a new Code Section 12-5-27.1 to read as follows:
"12-5-27.1. Whenever a local governmental entity is required by the division to reduce phosphorus in its wastewater being discharged into the waters of the state, that local governmental entity is required to consider within its jurisdiction the retail sale of low phosphorus household laundry detergents as a portion of their phosphorus reduction process and when shown to be a cost-effective component of the phosphorus reduction plan the local governmental entity shall mandate the retail sale of low phosphorus household laundry detergent after the division's approval of the local governmental entity plan. Such local governmental entity shall accomplish such a mandate by passing a local ordinance to become effective in six months of the passage of the local ordinance. Such ordinance shall place a limit of 0.5 percent of phosphorus by weight which may be allowed in household laundry detergents."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Milam of the 81st moved that the House adopt the report of the Committee of Conference on HB 719.
On the motion the ayes were 99, nays 2.
The motion prevailed.

SR 176. By Senators Dean of the 31st, Olmstead of the 26th, Harris of the 27th and others:
A resolution creating the Commission to Establish the City of Macon as the Permanent Site of the Georgia Music Hall of Fame.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SR 176

The Committee of Conference on SR 176 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SR 176 be adopted.

WEDNESDAY, MARCH 15, 1989

2483

FOR THE SENATE:
/s/ NSeanthaatonr,D3e1asnt District
/s/ W. F. Harris Senator, 27th District
/s/ Ed Barker Senator, 18th District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Frank C - Pmkston Representative, 100th District
/s/ Denmark Groover, Jr. Representative, 99th District
/s/ William C. Randall Representative, 101st District

A RESOLUTION
Creating the Commission to Establish the City of Macon as the Permanent Site of the Georgia Music Hall of Fame; and for other purposes.
WHEREAS, the City of Macon, Georgia, has a great musical heritage; and
WHEREAS, the City of Macon was the home of Otis Redding who probably did more in his brief but brilliant career as the writer and singer of sentimental soul ballads to build a bridge between black and white music in America than any other performer; and
WHEREAS, the City of Macon was the birthplace of musical prodigy Richard Penniman who grew up to become Little Richard, the King of Rock and Roll, and who speeded up the rhythm and blues of blacks and turned it into the rock and roll of whites, helped the Beatles get started, and wrote songs for Elvis Presley; and
WHEREAS, the City of Macon was the place where Duane and Gregg Allman and their compatriots in the Allman Brothers Band developed the "Macon, Georgia, Sound" and perfected the renowned musical group which became America's answer to the super British groups which initially dominated rock music and brought that music back to its roots of southern country, soul, rhythm and blues, and jazz basics; and
WHEREAS, the City of Macon was the city where the incomparable music promoter, Phil Walden, established and developed Capricorn Records into what in its heyday was the world's largest independent recording company; and
WHEREAS, the City of Macon is the present home of Robert "Bobbie" McDuffie who is being heralded worldwide as the most promising of the rising new school of young American violinist virtuosos and foremost among the first generation of a new musical movement which is shifting the strongest and most talented violinists from Europe and Russia to the United States; and
WHEREAS, the Georgia Music Hall of Fame was established in 1979, 35 members have since been inducted, and it has no permanent home for visitors and fans; and
WHEREAS, the City of Macon is centrally located in the State of Georgia, is easily accessible from all points within the state, and lies at the junction of Interstate 75 and Interstate 16.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Commission to Establish the City of Macon as the Permanent Site of the Georgia Music Hall of Fame. Such commission shall be composed of 13 members. Three members shall be appointed by the Lieutenant Governor and four members shall be appointed by the Speaker of the House; appointments of the Lieutenant Governor and Speaker shall each include at least one member of the Macon legislative delegation. Three members shall be appointed by the mayor of Macon and three members shall be appointed by the chairman of the Bibb County Commission. The chairman of the commission shall be the chairman of the Senate Music Industry Committee.

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BE IT FURTHER RESOLVED that said commission shall formulate plans for the exact location of the Hall of Fame, the design and cost of the facility, its operating expenses, and the portion of the costs to be paid by the state, county, and city govern ments and by private sources. The commission shall consult with the commissioner and staff of the Department of Industry, Trade, and Tourism concerning the best site for the facility and the most effective means of advertising the facility and soliciting private dona tions for construction and operation of the facility.
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 exer cise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the commission shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than ten days unless additional days are authorized. The funds neces sary to carry out the provisions of this resolution shall come from the funds of the legis lative branch of government. The commission shall report its findings and recommendations to the Governor and General Assembly by October 1, 1989, so that the necessary appropriations can be recommended in the 1990 session of the General Assem bly.

Representative Pinkston of the 100th moved that the House adopt the report of the Committee of Conference on SR 176.
On the motion the ayes were 104, nays 4.
The motion prevailed.

SB 165. By Senator Kidd of the 25th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Anno tated, known as the "Georgia Election Code," so as to change the date of the general primary; to repeal certain provisions relating to nonpartisan prima ries and to change provisions relating to nonpartisan elections; to change the provisions relating to procedures for qualification of candidates generally.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 165

The Committee of Conference on SB 165 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 165 be adopted.

Respectfully submitted,

FOR THE SENATE: 1st Culver Kidd
Senator, 25th District
M Gene Walker Senator, 43rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Bob Holmes Representative, 28th District
/s/ Roy D Moultrie Representative, 93rd District

Tommy C. Olmstead Senator, 26th District

/s/ Ray Holland Representative, 136th District

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 change

WEDNESDAY, MARCH 15, 1989

2485

the provisions relating to procedures for qualification of candidates generally; to change the provisions relating to the fixing and publishing of qualification fees; to change the provisions relating to the filing of notice of candidacy, nomination petition, and affidavit; to change the provisions relating to the restriction on nominated candidate's withdrawal and filling of vacancy following withdrawal; to change the provisions relating to the date of the general primary; to change the provisions relating to qualification of candidates for party nomination in a primary; to change the provisions relating to certification of political party candidates; to change the provisions relating to the nomination of presidential elec tors and candidates of political bodies by convention; to change the provisions relating to the holding of conventions; to change the provisions relating to preparation and delivery of ballots, envelopes, and other supplies; 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. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the "Georgia Election Code," is amended by striking in its entirety Code Section 21-2-131, relating to the fixing and publishing of qualification fees, and inserting in lieu thereof a new Code Section 21-2-131 to read as follows:
"21-2-131. (a) Qualification fees for party and public offices shall be fixed and pub lished as follows:
(1) The governing authority of any county, not later than March February 1 of any year in which a general primary, nonpartisan primary, or general election is to be held, and at least 20 days prior to the special primary or election in the case of a special election, shall fix and publish a qualifying fee for each county office to be filled in the upcoming primary or election. Such fee shall be 3 percent of the annual salary of the office if a salaried office. If not a salaried office, a reasonable fee shall be set by the county governing authority, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year;
(2) Within the same time limitation as provided in subsection {} ef this Code section paragraph (1) of this subsection, the Secretary of State shall fix and publish a qualifying fee for any candidate qualifying by this method with a state political party and for any candidate qualifying with the Secretary of State for a nonpartisan primary and for any candidate filing with the Secretary of State his notice of candi dacy for a general or special election. Such fee shall be 3 percent of the annual salary of the office if a salaried office, except that the fee for members of the General Assembly shall be $400.00. If not a salaried office, a reasonable fee shall be set by the Secretary of State, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year;
(3) A reasonable qualifying fee may be set according to party rule for each political party office to be filled in a primary. Such fees shall be set and published by the county or state political party not later than March February 1 of the year in which the primary is to be held for the filling of such party office. (b) Qualifying fees shall be paid as follows:
(1) The qualifying fee for a candidate in a primary shall be paid to the county or state political party at the time the candidate qualifies;
(2) The qualifying fee for all other candidates shall be paid to the superintendent or Secretary of State at the time the notice of candidacy is filed by the candidate. (c) Qualifying fees shall be prorated and distributed as follows:
(1) Fees paid to the county political party: 50 percent to be retained by the county political party with which the candidate qualified; 50 percent to be transmitted to the superintendent of the county with the party's certified list of candidates not later than 12:00 Noon of the fifth third day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the superintendent to the governing authority of the county, to be applied toward the cost of the primary and election;

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(2) Fees paid to the state political party: 75 percent to be retained by the state political party; 25 percent to be transmitted to the Secretary of State with the party's certified list of candidates not later than 12:00 Noon of the fifth third day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the Secretary of State as follows: one-third to the state treasury and two-thirds to the governing authority of the county or coun ties in the district in which the candidate runs, such fees to be applied toward the cost of holding the primary and election. If the office sought by the candidate is filled by the vote of electors of more than one county, such fee shall be divided among the counties involved in proportion to the vote cast by each county in the preceding presi dential election;
(3) Qualification fees paid to the superintendent of the county shall be transmitted by the superintendent as soon as practicable to the general fund of the governing authority of the county, to be applied toward the cost of holding the election;
(4) Qualification fees paid to the Secretary of State shall be prorated and distrib uted as follows: 25 percent to be transmitted to the state treasury; 75 percent to be transmitted to the governing authority of the county or counties in the district in which the candidate runs, such fees to be applied toward the payment of the cost of holding the election. If the office sought by the candidate is filled by the vote of elec tors of more than one county, such fee shall be divided among the counties involved in proportion to the vote cast by each county in the preceding presidential election."
Section 2. Said chapter is further amended by striking in their entirety subsections (a) through (d) of Code Section 21-2-132, relating to the filing of notice of candidacy, nom ination petition, and affidavit, and inserting in lieu thereof new subsections (a) through (d) to read as follows:
"(a) The names of nominees of political parties nominated in a primary and the names of candidates nominated in a nonpartisan primary shall be placed on the election ballot without their filing the notice of candidacy otherwise required by this Code section.
(b) Candidates seeking nomination in a nonpartisan primary for the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court shall comply with the requirements of subsections {) (b.l) and (e) of this Code section, as modified by subsection (f) of this Code section, by the date pre scribed and shall by the same date pay to the proper authority the qualifying fee pre scribed by Code Section 21-2-131 in order to be eligible to have their names placed on the nonpartisan primary ballots.
(b.l) All candidates specified in subsection (b) of this Code section shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the nonpartisan primary ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(1) Each candidate for the office of judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, or his agent, desiring to have his name placed on the nonpartisan primary ballot shall file a notice of his candidacy, giving his name, residence address, and the office he is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April;
(2) Each candidate for the office of judge of a state court, or his agent, desiring to have his name placed on the nonpartisan primary ballot shall file notice of his candidacy in the office of the superintendent of his county no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April. (c) All other candidates shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this Code section subsection in order to be eli gible to have their names placed on the election ballot by the Secretary of State or elec tion superintendent, as the case may be, in the following manner:

WEDNESDAY, MARCH 15, 1989

2487

(1) Each candidate for federal or state office, or his agent, desiring to have his name placed on the election ballot shall file a notice of his candidacy, giving his name, residence address, and the office he is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Wednesday Monday in May June immediately prior to the election and no later than 12:00 Noon on the second Friday following the fourth Wednesday Monday in May June in the case of a general election and no earl ier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election;
(2) Each candidate for a county office, or his agent, desiring to have his name placed on the election ballot shall file notice of his candidacy in the office of the superintendent of his county no earlier than 9:00 A.M. on the fourth Wcdncaday Monday in May June immediately prior to the election and no later than 12:00 Noon on the second Friday following the fourth Wednesday Monday in May June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election. (d) Each candidate required to file a notice of candidacy by this Code section shall, no earlier than 9:00 A.M. on the fourth Wednesday Monday in May June immediately prior to the election and no later than 12:00 Noon on the first second Tuesday in August July immediately prior to the election, file with the same official with whom he filed his notice of candidacy a nomination petition in the form prescribed in Code Section 21-2-170, except that such petition shall not be required if such candidate is:
(1) A nominee of a political party for the office of presidential elector when such party has held a national convention and therein nominated candidates for President and Vice President of the United States;
(2) Seeking office in a special election; (3) An incumbent qualifying as a candidate to succeed such incumbent if, prior to the election in which such incumbent was originally elected to the office for which such incumbent seeks reelection, such incumbent filed a notice of candidacy and a nomination petition as required by this chapter; (4) A candidate seeking election to the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court in a nonpartisan primary; or (5) A nominee for a state-wide office by a duly constituted political body conven tion, provided that the political body making the nomination has qualified to nomi nate candidates for state-wide public office under the provisions of Code Section 21-2-180."
Section 3. Said chapter is further amended by striking in its entirety Code Section 21-2-134, relating to the restriction on nominated candidate's withdrawal and on filling of vacancy following withdrawal, and inserting in lieu thereof a new Code Section 21-2-134 to read as follows:
"21-2-134. (a) No candidate nominated at any primary election or nonpartisan pri mary or nominated by means other than a primary may withdraw as a candidate at the ensuing general election. No vacancy on the ballot for a general election or for a nonpar tisan election shall be filled except by reason of the death or disqualification of a candi date.
(b) Any vacancy in any party nomination filled by a primary created by reason of the death or disqualification of a candidate occurring after nomination may be filled in the following manner:
(1) In the case of a public office to be filled by the vote of the electors of the entire state in which the vacancy occurs after nomination but at least ten days prior to the election to fill the public office sought by such candidate, the vacancy may be filled by a substitute nomination made by a convention composed of the delegates of the county executive committee of such party in each county of the state. Immediately upon such vacancy occurring, the state executive committee or a subcommittee thereof appointed for the purpose shall fix a time within six days of the occurrence of such vacancy; shall select and provide a convenient place for the holding of such a conven tion, which shall be open to the public; and shall give notice thereof to the chairman

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and secretary of each county executive committee. Each county executive committee shall be entitled to select the number of delegates apportioned to it by the state executive committee; provided, however, that each county executive committee shall be entitled to select at least one delegate. Such apportionment of delegates among the counties shall be based substantially upon the population of the state according to the last United States decennial census or upon the number of votes cast within the state for the party's candidates for presidential electors in the last presidential election. A two-third's majority of the delegates of such county executive committees shall consti tute a quorum for the transaction of business, and a majority of the delegates present while a quorum exists shall be sufficient to fill such nomination by a substitute nom ination. Each delegate shall have one vote and all votes taken shall be by a roll-call vote. The records of the convention shall be filed with the state executive committee. In the event such a vacancy in party nomination shall occur during the ten days pre ceding the day of such an election, such vacancy may be filled by a substitute nomina tion made by the state executive committee or a subcommittee thereof appointed for the purpose;
(2) In the case of a public office for which a candidate must qualify with the state executive committee, except a public office to be filled by the vote of the electors of the entire state, the nomination may remain vacant or may be filled at the decision of the state executive committee of the party. The decision whether to fill such vacancy shall be made by the state executive committee by 4:00 P.M. on the next business day following the actual knowledge of the death or disqualification of the candidate. The decision of the state executive committee shall be immediately trans mitted to the Secretary of State. If the Secretary of State has not been notified of the decision of the state executive committee by 4:30 P.M. on the next business day following the actual knowledge of the vacancy, it shall be conclusively presumed that the state executive committee has decided not to fill the vacancy. If the state execu tive committee decides not to fill the vacancy, the nomination shall remain vacant. If the state executive committee decides to fill the vacancy, the vacancy shall be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for that purpose; and
(3) In the case of a public office for which a candidate must qualify with the county executive committee, the nomination may remain vacant or may be filled at the decision of the state executive committee of the party. The state executive committee or a subcommittee thereof may determine on its own whether to fill the vacancy but is authorized, though not required, to seek the recommendation of any of the following persons for the purpose of determining whether to fill the vacancy: the county executive committee, if any; persons from the area who are active in the party; persons who are present or former officials of the party; persons who presently hold political office or have sought political office as candidates of the party; or such other persons as the committee or subcommittee may desire to consult. The decision whether to fill such vacancy shall be made by the state executive committee by 4:00 P.M. on the next business day following the actual knowledge of the death or disqualification of the candidate. The decision of the state executive committee shall be immediately transmitted to the county superintendent. If the county superintend ent has not been notified of the decision of the state executive committee by 4:30 P.M. on the next business day following the actual knowledge of the vacancy, it shall be conclusively presumed that the state executive committee has decided not to fill the vacancy. If the state executive committee decides not to fill the vacancy, the nomination shall remain vacant. If the state executive committee decides to fill the vacancy, the vacancy shall be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for that purpose. The state executive committee or a subcommittee thereof may determine on its own who shall fill the vacancy as a substitute nominee but is authorized, though not required, to seek the recommendation of any of the following persons for the purpose of determining the most suitable substitute nomination: the county executive committee, if any; per sons from the area who are active in the party; persons who are present or former offi cials of the party; persons who presently hold political office or have sought political

WEDNESDAY, MARCH 15, 1989

2489

office as candidates of the party; or such other persons as the committee or subcom mittee may desire to consult. (c) Any vacancy occurring in any body nomination or party nomination filled by means other than by primary, by reason of the death or disqualification of any candi date after nomination, may be filled by a substitute nomination made by such commit tee as is authorized by the rules and regulations of the party or body to make nominations in the event of vacancies on the party or body ticket. (d) If the death or disqualification of a candidate after nomination for any public office, except an office filled by a nonpartisan primary, would at the time of such event result in there being no candidate for that office on the ballot in the general election, then the vacancy shall be filled by a special primary which shall be open only to the party of such deceased or disqualified candidate and the office shall be filled by a spe cial election as provided in Code Section 21-2-540. (e) In the event a candidate dies or is disqualified after the nonpartisan primary but before the nonpartisan election, no special nonpartisan primary shall be held and the nonpartisan election shall be conducted in the following manner:
(1) If the vacancy occurs prior to 43 60 days before the general election, the nonpartisan election shall be held on the date of the November election. If no candidate receives a majority of the votes cast, a runoff shall be held on the date of the general election runoff. Upon actual knowledge of the death or disqualification of a candidate, the Secretary of State shall reopen qualifications for any state office and the election superintendent shall reopen qualifications for any county office for a period of not less than one nor more than three days after notice has been published in a newspaper of appropriate circulation. The names of candidates who qualify shall be placed on the nonpartisan election ballot in the arrangement and form prescribed by the Secretary of State or the election superintendent but shall conform insofar as practicable with Code Section 21-2-285.1. The list of electors qualified to vote in the nonpartisan elec tion shall be the same list as is used in the general election; and
(2) If the vacancy occurs within 42 60 days of the general election, the nonpartisan election shall be held on the date of the general election runoff. If no candidate receives a majority of the votes cast, a runoff shall be held on the fourteenth day after the election. Upon actual knowledge of the death or disqualification of a candidate, the Secretary of State shall reopen qualifications for any state office and the election superintendent shall reopen qualifications for any county office for a period of not less than one nor more than three days. All candidates who qualify shall be placed on the nonpartisan ballot. The form of the ballot shall be as prescribed by the Secretary of State or the election superintendent. The list of electors qualified to vote in the nonpartisan election shall be the same list as used in the general election. (f) Upon the making of any such substitute nomination, in the manner prescribed in subsection (b) or subsection (c) of this Code section, it shall be the duty of the chairman and secretary of the convention or committee making the nomination to file with the Secretary of State or with the superintendent, as the case may be, a nomination certif icate which shall be signed by such chairman and secretary. Every such certificate of nomination shall be sworn to by the chairman and secretary before an officer qualified to administer oaths."
Section 4. Said chapter is further amended by striking in its entirety Code Section 21-2-150, relating to the date of the general primary and date of the nonpartisan primary, and inserting in lieu thereof a new Code Section 21-2-150 to read as follows:
"21-2-150. (a) Whenever any political party holds a primary to nominate candidates for public offices to be filled in the ensuing November election, such primary shall be held on the second third Tuesday in August July in each even-numbered year, except as provided in subsection (c) of this Code section.
(b) Whenever any nonpartisan primary is held to nominate candidates for the office of judge of the state court, judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court to be filled in the ensuing November election, such pri mary shall be held jointly with the political primaries on the second third Tuesday in

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August July in each even-numbered year, except as provided in subsection (c) of this Code section.
(c) Whenever the primary occurs during the same week of the national convention of either the political party whose candidates received the highest number of votes or the political party whose candidates received the next highest number of votes in the last presidential election, the general primary shall be conducted on the first second Tuesday in August July of such year. This subsection shall not apply unless the date of the convention of the political party is announced by the political party prior to May April 1 of the year in which the general primary is conducted."
Section 5. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a primary, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) In the case of a general primary, the candidates shall commence qualifying at 9:00 A.M. on the fourth Wednesday Monday in May April immediately prior to the pri mary and shall cease qualifying at 12:00 Noon on the second Friday following the fourth Wednesday Monday in May April. In the case of a special primary, the candidate shall qualify at least 15 days prior to the date of such primary."
Section 6. Said chapter is further amended by striking in its entirety Code Section 21-2-154, relating to certification of political party candidates, and inserting in lieu thereof a new Code Section 21-2-154 to read as follows:
"21-2-154. At or before 12:00 Noon on the fifth third day after the deadline for qual ifying, the county executive committee of each political party shall certify to the super intendent 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. 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 7. Said chapter is further amended by striking in its entirety subsection (e) of Code Section 21-2-172, relating to the nomination of presidential electors and candi dates of political bodies by convention, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) A convention for the purpose of nominating candidates shall be held at least 96 150 days prior to the date on which primaries sre the general election is conducted."
Section 8. Said chapter is further amended by striking in its entirety Code Section 21-2-187, relating to the holding of conventions, and inserting in lieu thereof a new Code Section 21-2-187 to read as follows:
"21-2-187. Political bodies shall hold their conventions in accordance with Code Section 21-2-172 and candidates nominated for state-wide public office in convention shall file a notice of candidacy no earlier than 9:00 A.M. on the fourth Wednesday Monday in May June immediately prior to the election and no later than 12:00 Noon on the second Friday following the fourth Wednesday Monday in May June as pre scribed in Code Section 21-2-132; provided, however, that the political body must file its qualifying petition no later than the first second Tuesday in August July following the convention as prescribed in Code Section 21-2-185 in order to qualify its candidates to be listed on the the general election ballot."
Section 9. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 21-2-384, relating to preparation and delivery of ballots, envelopes, and other supplies, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The superintendent shall, as soon as practicable prior to each primary or elec tion, but at least 30 45 days prior to any primary or general election, prepare or obtain and deliver an adequate supply of official absentee ballots, envelopes, and other supplies as required by this article, to the board of registrars for use in the primary or election.

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2491

The board of registrars shall, within two days after the receipt of such supplies, deliver or mail official absentee ballots to all eligible applicants; and, as additional applicants are determined to be eligible, the board shall deliver or mail official absentee ballots to such additional applicants immediately upon determining their eligibility; provided, however, that a ballot shall not be mailed to an applicant whose application is received within a period of five days prior to the primary or election and whose mailing address is located over 300 miles from the main office of the board of registrars; and provided, further, that no absentee ballot shall be mailed by the registrars on the day prior to a primary or election. The date a ballot is mailed or delivered to an elector and the date it is returned shall be entered on the application therefor. The registrar may deliver on the day of a primary or election an absentee ballot to a person confined to a hospital. In the event an absentee ballot which has been mailed by the board of registrars is not received by the applicant, the applicant may notify the board of registrars and sign an affidavit stating that the absentee ballot has not been received. The board of registrars shall then issue a second absentee ballot to the applicant and cancel the original ballot issued. The affidavit shall be attached to the original application. A second application for an absentee ballot shall not be required."
Section 10. All laws and parts of laws in conflict with this Act are repealed.

Representative Holmes of the 28th moved that the House adopt the report of the Committee of Conference on SB 165.
On the motion the ayes were 104, nays 2.
The motion prevailed.

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 240

The Committee of Conference on SB 240 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 240 be adopted.

Respectfully submitted,

FOR THE SENATE: 1st Joseph E. Kennedy
Senator, 4th District
/s/ Walter S. Ray Senator, 19th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ William C. Mangum, Jr. Representative, 57th District
/s/ James c Moore Representative, 139th District

/s/ Jimmy Hodge Timmons Senator, llth District

/s/ McCracken Poston, Jr. Representative, 2nd District

A BILL
To amend Part 1 of Article 7 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain state aid to local school systems, so as to repeal certain

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JOURNAL OF THE HOUSE,

provisions relating to grants based on average daily attendance; to change the provisions relating to the requirements that the effect of grants shall be shown on tax bills; to amend Code Section 20-2-697 of the Official Code of Georgia Annotated, relating to school attendance reports and records kept by public schools, so as to provide requirements rela tive to the use of school attendance reports; 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 1 of Article 7 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain state aid to local school systems, is amended by repealing Code Section 20-2-330 through 20-2-333, which read as follows:
"20-2-330. The purpose of this part is to provide funds to local public school systems to aid in the furtherance of the educational purposes of the local public school systems and of the state as a whole. It is the further purpose of this part to provide such funds in an appropriate manner so as to afford local school systems the opportunity and needed encouragement to provide relief to local school taxpayers from the unfair burden of school taxes. It is the consensus of the General Assembly that, by affording such relief, local school property taxpayers will be given the incentive to support wholeheartedly a renewed commitment to the growth and quality of the public schools and their worthy educational programs in this state.
20-2-331. For the purposes of this part, the term 'average daily attendance' means the number of pupils in average daily attendance in grades from kindergarten through 12, including special education students, for the first four months of the school year immediately preceding that calendar year in which the grant is made available. For the initial year in which a grant shall be made pursuant to this part, 'average daily attend ance' means the number of pupils in average daily attendance in grades 1 through 12, including special education students, for the first four months of the school year in the immediately preceding calendar year.
20-2-332. There may be allotted annually to each local public school system in the state for educational purposes, in addition to funds provided pursuant to other laws, cer tain grants as provided in this part.
20-2-333. In any year in which the General Assembly shall provide funds for grants to the school systems of this state through a required local effort credit appropriation for education by line-item appropriation and with reference to this part, such grants shall be allotted to each school system pro rata according to the ratio which the average daily attendance of the particular system bears to the average daily attendance of the entire public school system of the state, except that, in those instances where pupils residing in one district attend schools located within the limits of another district, the portion of the grant representing such pupils which otherwise would have been received by the district within the limits of which the pupils are in attendance shall be allotted to the district in which the pupils reside.", in their entirety and substituting in lieu of said repealed Code sections the following:
"20-2-330. Reserved. 20-2-331. Reserved. 20-2-332. Reserved. 20-2-333. Reserved."
Section 2. Said part is further amended by striking Code Section 20-2-334, relating to the requirement that the effect of grants shall be shown on tax bills, in its entirety and substituting in lieu thereof a new Code Section 20-2-334 to read as follows:
'"i?Uft-^*?-G^^OAt. \tOQf\ fXnT~t ]1rU\/U*Un1l m pJUiVUiUliUf oflfdVlUinUnll aOjAamnf'^fTm m iqSVitiunllll t\T\rC UrnHtUilftIlUf UA Ttnt7 lrotjtr*r\>iluv r\* unlnl\j7i Tf7\Tf tKVmlp,
funds provided for if* this part unless the system directs that a A computation shall be shown on each tax bill for school ad valorem taxes other than motor vehicle ad trailer ta* bills which represents the local school system's share of funds in the 'General Appro priations Act' for ad valorem tax relief. The provisions of this Code section shall not apply to tax bills for motor vehicles and trailers.
(b) The computation provided for in subsection (a) of this Code section shall show the following:

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(1) The mill rate which the local school system would have been required to levy; er to have levied, to fund a budget equal in amount to the actual budget of the system, including the system's share of funds frem the grant program authorized by this part identified for this purpose in the 'General Appropriations Act,' if no grant funds were actually received by the system pursuant to this part such appropriation for that year. This mill rate shall be labeled 'Annual Equivalent Mill Rate';
(2) As a subtraction from the mill rate determined pursuant to paragraph (1) of this subsection, a mill rate which, if applied against the tangible property in the local school district system, would produce tax revenue equal to the amount of the grant funds received in that year by the school district system pursuant to this part the appropriation for that year. This mill rate shall be labeled 'State School Tax Credit'; and
(3) As the remainder of the subtraction provided for in paragraph (2) of this sub section, the mill rate which is actually being levied against the taxpayer's property. This mill rate shall be labeled 'Actual School Tax Mill Rate.' (c) It is the purpose of this Code section to provide in a demonstrable fashion to each ad valorem taxpayer of that tangible property provided for in subsection (a) of this Code section information which will enable the taxpayer to ascertain readily the amount of additional state funds which are being made available to that local school system in which the taxpayer's property is being taxed. Additionally, each such taxpayer by this Code section will be in the position to be informed as to what purposes the officials in charge of the local school system and its finances have devoted the use of such funds. If a local school system has received funds which have been made available by the Gen eral Assembly pursuant to this part the 'General Appropriations Act' but has not reduced local property taxes levied in behalf of the school system, each taxpayer will be so informed. However, if the receipt of additional state funds has enabled the local school system to reduce local property taxes by a corresponding sum to that received under this part pursuant to the 'General Appropriations Act,' or any fraction thereof, the taxpayer will be so advised."
Section 3. Code Section 20-2-697 of the Official Code of Georgia Annotated, relating to school attendance reports and records kept by public schools, is amended by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) Visiting teachers and attendance officers shall receive the cooperation and assis tance of all teachers and principals of public schools in the county or independent local school systems within which they are appointed to serve. It shall be the duty of the principals or local school site administrators and of the teachers of all public schools to report, in writing, to the visiting teacher or attendance officer of the county er ef the independent local school system the names, ages, and residences of all pupils students in attendance at their schools and classes within 30 days after the beginning of the school term or terms and to make such other reports of attendance in their schools or classes as may be required by rule or regulation of the State Board of Education. All public schools shall keep daily records of attendance, verified by the teachers certifying such records. Such reports shall be open to inspection by the visiting teacher, attendance officer, or duly authorized representative at any time during the school day. Such records and reports s4H et be used for any purpose except providing necessary attendanee information required by the State Bearel ef Education, except with the permission
jurisdiction. Any such attendance records and reports which identify students by name shall be used only for the purpose of providing necessary attendance information required by the state board or by law, except with the permission of the parent or guardian of a child or pursuant to the subpoena of a court of competent jurisdiction. Such attendance records shall also be maintained in a format which does not identify students by name, and in this format shall be a part of the data collected for the student record component of the state-wide comprehensive educational information net work pursuant to subsection (b) of Code Section 20-2-320 and for the annual profiles pursuant to subsection (d) of Code Section 20-2-282."

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JOURNAL OF THE HOUSE,

Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Mangum of the 57th moved that the House adopt the report of the Commit tee of Conference on SB 240.
On the motion the ayes were 97, nays 1.
The motion prevailed.

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

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

SR 54. 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 pro vide an effective date.

The President has appointed on the part of the Senate the following: Senators Kidd of the 25th, Walker of the 43rd and Albert of the 23rd.

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

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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 380

The Committee of Conference on HB 380 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 380 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Gary Parker
Senator, 15th District
/s/ J. Nathan Deal Senator, 49th District

FOR THE HOUSE OF REPRESENTATIVES:
, /s/ Thurbert E. Baker
Representative, 51st District
/s/ Pete Robinson Representative, 96th District

/s/ Donn M. Peevy Senator, 48th District

/s/ Roy Alien Representative, 127th District

WEDNESDAY, MARCH 15, 1989

2495

A BILL
To amend Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Anno tated, 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; to provide for related matters; to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to authorize the center to make certain criminal history records available to parties to a lawsuit under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Anno tated, relating to hearsay in general, is amended by striking Code Section 24-3-17, relating to the admissibility of certified copies of records and computer data from the Department of Public Safety, in its entirety and inserting in lieu thereof a new Code Section 24-3-17 to read as follows:
"24-3-17. (a) A certified copy of any record of the Department of Public Safety or comparable agency in any other state is admissible in any judicial proceedings or admin istrative hearing in the same manner as the original of the record.
\D} wncrc flny court or oiticc ol tnc clcrK fn any court witnm tnc state ^s electronically connected by a terminal device te the computer data center ef the Depart ment ef Public Safety, such Any court may receive and use as evidence in any case information obtained by this device otherwise admissible from the records of the Department of Public Safety obtained from any terminal lawfully connected to the Georgia Crime Information Center without the need for additional certification of those records."
Section 2. Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Anno tated, relating to the Georgia Crime Information Center, is amended by striking subsection (a) of Code Section 35-3-34, relating to the dissemination of records by the center, and inserting in its place a new subsection (a) to read as follows:
"(a) The center shall be authorized to: (1) Make criminal history records maintained by the center available to private
persons and businesses under the following conditions: (A) Private individuals and businesses requesting criminal history records shall,
at the time of the request, provide the fingerprints of the person whose records are requested or provide a signed and notarized consent of the person whose records are requested on a form prescribed by the center which shall include such person's full name, address, social security number, and date of birth; and
(B) The center may not provide records of arrests, charges, and sentences for crimes relating to first offenders pursuant to Article 3 of Chapter 8 of Title 42 in cases where offenders have been exonerated and discharged without court adjudica tions of guilt, except as specifically authorized by law; and or (2) Make criminal history records available to parties to any criminal action upon receipt of a written request of such party or his attorney. Such request shall contain the style of the action, the name of the person whose records are requested, and a statement that such person is a party or a prospective witness in said case; and 43) (3) Charge fees for disseminating records pursuant to this Code section which will raise an amount of revenue which approximates, as nearly as practicable, the direct and indirect costs to the state for providing such disseminations."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Baker of the 51st moved that the House adopt the report of the Committee of Conference on HB 380.

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JOURNAL OP THE HOUSE,

On the motion the ayes were 110, nays 0. The motion prevailed.

The following Resolutions of the House were read and adopted:

HR 544. By Representatives Isakson of the 21st, Murphy of the 18th and Lee of the 72nd:
A resolution commending the birth of Samantha Jo Tarver.

HR 545. By Representatives McKinney of the 35th and McKinney of the 40th: A resolution honoring Dr. Otis Smith.

HR 546. By Representatives Connell of the 87th, Padgett of the 86th, Cheeks of the 89th, Brown of the 88th, Ransom of the 90th and Walker of the 85th:
A resolution expressing appreciation to Virlyn Slaton, Marty Lung, and Vivian Waldrop.

HR 547. By Representatives White of the 132nd, Cummings of the 134th and Chambless of the 133rd:
A resolution commending Mr. Carlos Cody and the Albany Middle School symphonic band.

HR 548. By Representatives White of the 132nd, Cummings of the 134th and Chambless of the 133rd:
A resolution commending Mr. Hampton Smith.

HR 549. By Representative Smith of the 152nd:
A resolution recognizing Bacon County as the Blueberry Capital of the State of Georgia.

HR 550. By Representatives Morton of the 47th and Davis of the 45th: A resolution recognizing and commending Alan Quinnelly.

HR 551. By Representatives Johnson of the 123rd, Kingston of the 125th, Randall of the 101st, Pannell of the 122nd and Hamilton of the 124th:
A resolution commending Mr. Howard Eugene Alls.

HR 552. By Representatives Johnson of the 123rd, Mueller of the 126th, Kingston of the 125th, Randall of the 101st, Pannell of the 122nd and Hamilton of the 124th:
A resolution commending the Southern Regional Press Institute.

HR 553. By Representatives Johnson of the 123rd, Mueller of the 126th, Kingston of the 125th, Randall of the 101st, Pannell of the 122nd and Hamilton of the 124th:
A resolution commending Mr. Jerome William Baker.

WEDNESDAY, MARCH 15, 1989

2497

HR 554. By Representative McKinney of the 40th: A resolution honoring Mr. Herman J. Russell.
HR 555. By Representatives Byrd of the 153rd, Murphy of the 18th, McDonald of the 12th, Lee of the 72nd, Walker of the 115th and Connell of the 87th: A resolution commending the members of the House Intern Program for the 1989 session of the General Assembly of Georgia.
HR 556. By Representatives Morton of the 47th and Davis of the 45th: A resolution commending and recognizing Mrs. Myrtis W. Quinnelly.
HR 557. By Representatives Johnson of the 123rd, Mueller of the 126th, Kingston of the 125th, Randall of the 101st, Pannell of the 122nd and Hamilton of the 124th: A resolution commending the Nu Chapter of the Iota Phi Lambda Sorority.

HR 558. By Representative Byrd of the 153rd: A resolution commending and recognizing the Burch Sisters.

HR 559. By Representative McDonald of the 12th: A resolution commending the Office of Legislative Counsel.

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

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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 139

The Committee of Conference on HB 139 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 139 be adopted.

Respectfully submitted,

FOR THE SENATE: 1st Roy E. Barnes
Senator, 33rd District
/s/ Arthur B. Edge, IV Senator, 28th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Pete Rbmson Representative, 96th District
/s/ DuBose porter Representative, 119th District

/s/ Donn M. Peevy Senator, 48th District

/s/ Charles A. Thomas, Jr. Representative, 69th District

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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 provide for charges to juries; to provide for verdicts; 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 employ ers 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. In any case in which child support is determined by a jury, the court shall charge the provisions of this Code section but the jury shall not be required to return a special interrogatory. Furthermore, nothing contained within this Code section shall prevent the parties from entering into an enforceable agreement to the contrary which may be made the order of the court pur suant to the review by the court of child support amounts contained in this Code section.
(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 and 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; and
(5) The amount of the obligor's child support obligation 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 per centages of gross income to be considered by the trier of fact are:

Number of Children

Percentage Range of Gross Income

WEDNESDAY, MARCH 15, 1989

2499

1 2 3 4 5 or more

17 percent to 23 23 percent to 28 25 percent to 32 29 percent to 35 31 percent to 37

These guidelines are intended by the General Assembly to be guidelines only and any court so applying these guidelines shall not abrogate its responsibility in making the final determination of child support based on the evidence presented to it at the time of trial. (c) The trier of fact may vary the final award of child support, up or down, outside the range enumerated in paragraph (5) 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) A child's medical costs or extraordinary needs; (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 which shall be construed as gross income of over $75,000.00 per annum); (12) Historical spending in the family for children which varies significantly from the percentage table; (13) Considerations of the economic cost of living factors of the community of each party, as determined by the trier of fact; (14) In-kind contribution of either parent; and (15) The income of the custodial parent. (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 lj 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. The commission shall also submit a report to the House Judiciary Commit tee and Senate Special Judiciary Committee during the 1991 regular session of the Gen eral Assembly. This report shall provide information which will allow these committees to review the effectiveness of the guidelines and, if necessary, revise these guidelines."

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 title, relating to alimony and child support generally, three new Code sections, to be desig nated as Code Sections 19-6-31, 19-6-32, and 19-6-33, to read as follows:

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"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. (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 pur suant to Code Section 19-6-33, any order of this state entered pursuant to a proceed ing 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 Proce dure 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, and upon the entry of a judgment establishing, enforcing, 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 payer 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.

WEDNESDAY, MARCH 15, 1989

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(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 payers 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 (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 payors 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 sup port 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 subse quent service of the income deduction order on the obligor's payor. A notice of delin quency 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, ref eree 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

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'Georgia Civil Practice Act.' Service upon an obligor's payer 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 payers of the obligor until a hearing is held and a determi nation 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 the matter within 20 days after the application is filed. The court, referee, or adminis trative 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 sup port 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 willfully 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 $25.00 against the obligor's income to reimburse the payor for administrative costs for the first income deduction and up to $3.00 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

WEDNESDAY, MARCH 15, 1989

2503

the payer willfully 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 payor may discharge an obligor by reason of the fact that income has been subjected to an income deduction order under Code Section 19-6-32 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, 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 deduc tion 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 neces
sary 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.

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(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 pro ceeding in this state.
(j) No payor shall discharge an obligor by reason of the fact that income has been subjected to an income deduction order under Code Section 19-6-32. A payor who vio lates this paragraph is subject to a civil penalty not to exceed $250.00 for the first viola tion 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 willfully 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:
"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 stan dard 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 19-6-15. (b) The department shall implement a process for the periodic review and adjust ment of IV-D child support agency orders so that the order is reviewed no later than 36 months from establishment or from the most recent review. Exceptions to this proce dure 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-AFDC 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 (1) of any review of such order, at least 30 days before the commencement of such review; (2) of the right of such parent to request the state to review such order; and (3) 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 pro ceedings 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

WEDNESDAY, MARCH 15, 1989

2505

the court, have the full effect of a modification of the original order or decree of sup port. 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 agreement from the parent, the department or its designated hearing officer may con duct 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 W 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 Sec tions 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 payor may collect up to $25.00 against the obligor's income to reimburse the payor for administrative costs for the first income deduction and up to $3.00 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 ment of this article. IB those eases in which the department contracts with the district attorneys of tnis state tor services pursuant to tins title, tnc department snail not
ing with the district attorneys."
Section 8. All laws and parts of laws in conflict with this Act are repealed.

Representative Porter of the 119th moved that the House adopt the report of the Committee of Conference on HB 139.
On the motion, the roll call was ordered and the vote was as follows:

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JOURNAL OF THE HOUSE,

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

N Clark.H Y Clark.L
Colbert Y Coleman Y Colwell Y Connell Y Couch
Cox Y Crawford
Crosby Cummings,B
Y Cummings.M N Davis.C Y Davis.G N Davis.M Y Dixon.H
Dixon.S
N Dobbs N Dover N Dunn
Y Edwards N Ehrhart Y Felton
Y Fennel Y Floyd N Foster YGodbee Y Goodwin Y Green
Greene N Gresham N Griffin Y Groover Y Hamilton
Hanner
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 N Jackson, W
Jamieson Y Jenkins Y Johnson Y Jones
Y Kilgore N Kingston N Lane.D N Lane,R N Langford Y Lawrence
Y Lawson YLee
Linder Long NLord N Lucas Y Lupton Mangum Y Martin N McCoy Y McDonald Y McKelvey
McKinney.B

Y McKinney.C N Meadows NMilam Y Mobley N Moody
Moore N 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 N Powell Y Rainey YRandall N Ransom
NRay Y Reaves
N Redding N Richardson Y Ricketson Y Robinson Y Royal YSelman
Y Simpson

On the motion, the ayes were 109, nays 49. The motion prevailed.

Y Sinkfield Y Smith.L Y Smith.P
Smith.T Smith.W Smyre NSnow Y Stancil,F Y Stancil,S Y Stanley N Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Thompson Y Thurmond
Y Titus N Tolbert Y Townsend
NTwiggs N Vaughan
Y Waddle Y Walker.C
Walker.L Y Wall Y Ware Y Watson Y Watts N White N Wilder Y Williams.B
Williams,J Y Yates N Yeargin
Murphy .Spin-

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 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 Anno tated, 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 Commis sion 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 President has appointed on the part of the Senate the following: Senators Foster of the 50th, Deal of the 49th and Engram of the 34th.

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

WEDNESDAY, MARCH 15, 1989

2507

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 Anno tated, 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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 390

The Committee of Conference on HB 390 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 390 be adopted.

Respectfully submitted,

FOR THE SENATE: Is/ Ed Barker
Senator, 18th District
/s/ Gary Parker Senator, 15th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ HuSh Byd Pettit UI Representative, 19th District
/s/ Roy D Moultrie Representative, 93rd District

/s/ Pierre Howard Senator, 42nd District

/s/ Doug Teper Representative, 46th District

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; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Human Resources under the "Children and Youth Act," is amended by striking subparagraph (a)(2)(B), which reads as follows:
"(B) Protective services that will investigate complaints of deprivation, abuse, or abandonment of children and youths by parents, guardians, custodians, or persons serv ing in loco parentis and, on the basis of the findings of such investigation, offer social services to such parents, guardians, custodians, or persons serving in loco parentis in relation to the problem or bring the situation to the attention of a law enforcement agency, an appropriate court, or another community agency;", and inserting in lieu thereof a new subparagraph (B) to read as follows:
"(B) Abuse incidents that do not involve the child's parent, guardian, or individuals regularly in the family home, are criminal in nature, are beyond the purview of protect ive services, and, upon receipt, shall be referred to local law enforcement agencies, pro vided however that prior to the transfer of responsibility under this Code section, protective services' shall, on an annual basis, train local law enforcement personnel pur suant to the guidelines promulgated by the department for cases or reports of child abuse. Protective services' intervention in noncaretaker incidents will occur only when the parent is unwilling or unable to protect the child. Protective services' involvement in intrafamily litigation (i.e. divorce or child custody proceedings) shall be limited to those instances where the court finds the child's welfare is at risk. Protective services'

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JOURNAL OF THE HOUSE,

intervention for neglect will occur only when parents do not use their resources to pro tect and support their children adequately, putting the children at risk of harm. When a child is determined to be at risk and a parent refuses agency help, treatment services or removal must be imposed by court order. Intervention for medical neglect shall occur only in situations of imminent danger to the child's life, health, or safety. The responsi bility for protective services' intervention and involvement under this subparagraph will terminate only after appropriate referral of an alleged incident of child abuse or neglect is made to the appropriate agency as specified by the applicable child abuse protocol required by Code Section 19-1-1;".
Section 2. Said Code section is further amended by striking subparagraph (a)(3)(C), which reads as follows:
"(C) Making social studies and reports to the court with respect to children and youths as to whom petitions have been filed;", and inserting in lieu thereof a new subparagraph (C) to read as follows:
"(C) Making social studies and reports to the court with respect to children and youths who are either within departmental custody or for whom departmental custody has been petitioned. Except upon a specific finding by the Court that financial neglect or physical abuse may exist and therefore a child or children may be at risk, it shall not include instances involving intrafamily litigation such as divorce or child custody proceedings;".
Section 3. The Department of Human Resources shall submit to the General Assem bly on an annual basis a study of the anticipated impact of the implementation of this Act and any proposed changes to this Act on the Division of Family and Children Services, county department of family and children services, and other county based services. The first study shall be submitted no later than July 1, 1989.
Section 4. This Act shall become effective on April 15, 1990.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Pettit of the 19th moved that the House adopt the report of the Committee of Conference on HB 390.
On the motion, the roll call was ordered and the vote was as follows:

N Aaron N Abernathy Y Adams N Aiken
N Alford Y Alien N Athon N Atkins Y Bailey N Baker
Balk com N Bannister N Barfoot N Bargeron Y Barnett,B N Barnett.M
Beck Y Benefield YBenn Y Birdsong N Bishop
Bostick
N Branch N Breedlove N Brooks N Brown YBuck Y Buford NByrd

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

N Felton N Fennel N Floyd N Foster
N Godbee Y Goodwin N Green
Greene N Gresham Y Griffin Y Groover N Hamilton
Manner Y Harris N Hasty N Heard
N Herbert Y Holcomb
N Holland N Holmes N Hooks N Howren
N Hudson N Irwin N Isakson N Jackson,J Y Jackson.W N Jamieson
N Jenkins

Johnson N Jones Y Kilgore Y Kingston
Lane.D N Lane,R N Langford Y Lawrence N Lawson YLee
Linder Long NLord Lucas Y Lupton Mangum N Martin
N McCoy Y McDonald Y McKelvey
McKinney,B N McKinney.C
N Meadows Milam
N Mobley N Moody
Moore NMorton
Y Moultrie

N Mueller Oliver.C
N Oliver.M NOrr N Orrock
N Padgett Y Pannell YParham Y Parrish Y Patten
Y Pettit Y Pinkston NPoag N Porter NPoston N Powell
N Rainey NRandall Y Ransom
NRay N Reaves N Redding
Richardson N Ricketson N Robinson N Royal YSelman N Simpson N Sinkfield

WEDNESDAY, MARCH 15, 1989

2509

N Smith.L N Smith.P N Smith/I N Smith,W
Smyre NSnow N Stancil.F

N Stancil,S N Stanley N Steele Y Stephens Y Teper N Thomas.C N Thomas,M

N Thompson N Thurmond Y Titus N Tolbert N Townsend
Twiggs N Vaughan

Waddle Y Walker.C
N Walker.L Y Wall
Ware Y Watson
Watts

Y White Y Wilder N Williams.B
Williams,J N Yates N Yeargin
Murphy.Spkr

On the motion, the ayes were 45, nays 107.
The motion was lost and the report of the Committee of Conference on HB 390 was rejected.

Representative Foster of the 6th arose to a point of personal privilege and addressed the House.

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

Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate:

SR 275. By Senators Kennedy of the 4th and Allgood of the 22nd: A resolution relative to adjournment.

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

HR 505. By Representatives Murphy of the 18th and Lee of the 72nd:
A resolution commending William (Billy) Porter Payne and inviting him to appear before the House of Representatives.

The following Resolution of the Senate was read:
SR 275. By Senators Kennedy of the 4th and Allgood of the 22nd
A RESOLUTION Relative to adjournment; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Gen eral Assembly adjourn sine die at 6:45 P.M. on March 15, 1989.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

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
Buck
Y Buford YByrd Y Carrell

Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clalk,B Y Clark.H Y Clark.L
Colbert Coleman

Y Colwell Connell
Y Couch Cox
Y Crawford Crosby
Cummings.B Y Cummings,M Y Davis.C Y Davis.G

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JOURNAL OF THE HOUSE,

N Davis.M Y Dixon.H
Dixon,S Y Dobbs Y Dover
N Dunn Y Edwards YEhrhart YFelton 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 Y Jackson,W
Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R
N Langford Y Lawrence Y Lawson Y Lee Y Linder
Long Y Lord N 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
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
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
Smyre Y Snow Y Stancil,F Y Stancil,S Y Stanley

On the adoption of the Resolution, the ayes were 152, nays 4. The Resolution was adopted.

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
Walker.L Y Wall
Ware
Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

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

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

HB 1025. By Representatives Dixon of the 151st and Crosby of the 150th:
A bill to amend an Act providing a new charter for the City of Waycross, so as to revise and restate the charter of the City of Waycross.

HB 1076. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to establish the "Clayton County Commission on Children and Youth" congruent and compatible with Chapter 5 of Title 49 of the Official Code of Georgia Annotated, which establishes and implements a state-wide Commis sion on Children and Youth.

HB 1080. By Representatives Barnett of the 10th and Hasty of the 8th:
A bill to amend an Act to supplement the salary of the judge of the Superior Courts of the Blue Ridge Judicial Circuit, so as to increase the amount of compensation paid to such judges by the counties comprising the Blue Ridge Judicial Circuit.

HB 1081.

By Representatives Barnett of the 59th and Mobley of the 64th:
A bill to amend an Act incorporating the City of Snellville, so as to change the corporate limits of the city.

WEDNESDAY, MARCH 15, 1989

2511

HB 1082.

By Representative Edwards of the 112th:
A bill to amend an Act creating a board of commissioners for Taylor County, so as to create the office of county manager; to provide for the appointment of a county manager.

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

HR 396. By Representatives Ehrhart of the 20th, Vaughan of the 20th, Clark of the 20th, Aiken of the 21st, Gresham of the 21st and others:
A resolution creating the Joint Method of Appointment of Members of the Hospital Authority of Cobb County Study Committee.

HR 487. By Representatives Wilder of the 21st, Isakson of the 21st, Howren of the 20th, Clark of the 20th, Ehrhart of the 20th and others:
A resolution creating the Marietta-Cobb County Consolidation Study Commission.

HR 503. By Representatives Cummings of the 134th, White of the 132nd, Chambless of the 133rd and Balkcom of the 140th:
A resolution creating the Albany-Dougherty County Commission on Disadvantaged Youth.

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

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 Senate has agreed to the House substitute to the Senate substitute to the follow ing Bill of the House:

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

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 Anno tated, 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.

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JOURNAL OF THE HOUSE,

The Senate has agreed to the House amendments to the following Bill and 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.

SB 347. By Senator Allgood of the 22nd:
A bill to amend Code Section 40-5-55 of the Official Code of Georgia Anno tated, relating to certain chemical tests administered to determine the alco holic or drug content of certain persons who operate motor vehicles, so as to require that such chemical tests be administered as soon as possible to any person who operates a motor vehicle upon the highways or elsewhere throughout this state who is involved in any traffic accident.

The Senate has agreed to the House substitutes to the following Bills of the Senate:

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 Sup port Act," so as to remove the responsibility for collecting certain civil sup port 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 provi sion that probation supervisors may collect funds.

SB 102. By Senator Peevy of the 48th:
A bill to amend Chapter 36 of Title 43 of the Official Code of Georgia Anno tated, relating to polygraph examiners, so as to provide for additional rights of polygraph examinees to change certain provisions relating to the preser vation of records of polygraph examinations; to provide for applicability of said chapter; to provide an effective date.

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.

SB 371. By Senator Deal of the 49th:
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 provide for a statement of basic principles relative to the detention of juveniles.

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

WEDNESDAY, MARCH 15, 1989

2513

SR 176. By Senators Dean of the 31st, Olmstead of the 26th, Harris of the 27th and others:
A resolution creating the Commission to Establish the City of Macon as the Permanent Site of the Georgia Music Hall of Fame.

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.

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 Anno tated, 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 conser vation districts from the rule-making process of the Board of Natural Resources.

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 Anno tated, relating to water resources, so as to authorize the Department of Natu ral 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 137. By Senator Kidd of the 25th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Anno tated, relating to exemption from applicability, so as to provide for a new exemption for certain renovation and replacement projects; 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 Anno tated, known as the "Georgia Election Code," so as to change the date of the general primary; to repeal certain provisions relating to nonpartisan prima ries and to change provisions relating to nonpartisan elections; to change the provisions relating to procedures for qualification of candidates generally.

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.

2514

JOURNAL OF THE HOUSE,

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 239. By Senator Barnes of the 33rd:
A bill to amend Chapter 5 of Title 51 of the Official Code of Georgia Anno tated, 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 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.

SB 260. By Senator Bowen of the 13th:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Anno tated, 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 267. By Senators Stumbaugh of the 55th, Dawkins of the 45th, Tysinger of the 41st and others:
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; to provide for definitions; to provide for membership in the pool; to provide for operation of the pool; to provide for a board of directors; to provide for powers and duties of the pool.

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 compen sation of Justices of the Supreme Court and Judges of the Court of Appeals; to provide a mechanism for future changes in such compensation.

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.

WEDNESDAY, MARCH 15, 1989

2515

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 begin ning July 1, 1989 and ending June 30, 1990.

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 Anno tated, relating to pharmacists and pharmacies, so as to change certain provi sions relating to prescribing, compounding, dispensing, and administering drugs by certain practitioners; to amend Chapter 34 of Title 43 of the Offi cial Code of Georgia Annotated, relating to physicians, osteopaths, and assis tants, so as to provide for definitions.

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 govern ment; to provide for statements of legislative intent and public purpose.

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.

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 Anno tated, 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.

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.

His Excellency, Governor Joe Prank Harris, accompanied by the First Lady, appeared upon the floor of the House and addressed the members.

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

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE

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JOURNAL OF THE HOUSE,

I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of persons numbered 948 through 949, who have registered in the Docket of Legislative Appearance as of March 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 City of Atlanta, this 17th day of March, 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

948. Carl T. Martin Empire Distributors, Inc. Ga. Dump Truck Assn., Inc. Hand Tool Council Snap-on Tools 657 Park Drive, N.E. Atlanta, Georgia 30306

949. Lawrence E. Liebross Ackerman & Co. 1040 Crowne Point Parkway Suite 200 Atlanta, Georgia 30338

Representative Lee of the 72nd moved that all Bills and Resolutions on the General Calendar be recommitted to the Committee from which they came.
The motion prevailed.

Pursuant to SR 275, adopted by the House and Senate, the Speaker announced the House adjourned sine die.

INDEX TO JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
REGULAR SESSION 1989
PART I -- ALPHABETICAL TABULATION (House and Senate Bills and Resolutions)
PART II --NUMERICAL TABULATION (House Bills)
PART III -- NUMERICAL TABULATION (House Resolutions)
PART IV -- NUMERICAL TABULATION (Senate Bills in House)
PART V -- NUMERICAL TABULATION (Senate Resolutions in House)

HOUSE JOURNAL
PART I
HOUSE AND SENATE BILLS AND RESOLUTIONS
ABANDONMENT, CHILD Cruelty to children; offense of reckless abandonment....................................................HB 29 House Abandonment of Infants Study Committee; create............................................HR 68
ABANDONMENT, PROPERTY Motor vehicles; liens; filing fee..........................................................................................SB 328 Motor vehicles; removal and storage.................................................................................HB 74 Property; removal of vehicles improperly parked .........................................................HB 212
ACCOUNTANTS Examination requirements; amend provisions...............................................................HB 451 Insurers; merger; financial statements .............................................................................SB 233
ACWORTH, CITY OF; new charter................................................................................HB 174 AD VALOREM TAX
Agricultural, horticultural or forest land - CA.................................................................HR 15 Agricultural land; present use.............................................................................................HB 47 Boards of equalization; appeals; authorization ..............................................................HB 846 Property of hospital authorities; certain exemption.....................................................HB 683 Property; transferor's liability ..........................................................................................HB 586 Credit for certain homesteads or farms ..........................................................................HB 717 Deeds conveying property; address requirement...........................................................HB 389 Education; other sources of revenue - CA......................................................................HR 167 Education; preparation of digests....................................................................................HB 421 Education; reduce mill limitation - CA...........................................................................HR 111 Equalized Adjusted School Property Tax Digest Study Committee; create..............SR 152 Furnish copies of county digest to certain officials.......................................................HB 387 Homestead exemption; certain veterans; benefits for surviving spouses...................HB 508 Insurance; county tax; proceeds .......................................................................................HB 617
Refer to numerical index for page numbers

2520

INDEX

AD VALOREM TAX (Continued) Interest on late payments..................................................................................................HB 776 Inventory; filing for exemption.........................................................................................HB 439 Judicial sales; prepayment costs; requirements.............................................................HB 935 Local school boards; other sources of revenue - CA.......................................................HR 72 Motor vehicles; licensing and registration; tax returns; date.......................................HB 694 Property assessed on its existing use...............................................................................HB 312 Property assessed on its existing use...............................................................................HB 406 Property assessed on its existing use...............................................................................HB 418 Redevelopment powers; taxable value; definition .........................................................HB 247 Rehabilitated historic property; assessment...................................................................HB 225 Sales tax increase; ad valorem tax relief.........................................................................HB 585 Tax relief; elderly - CA......................................................................................................HR 238 Value and millage rates by local tax officials.................................................................HB 930 Veterans; exempt certain organizations; referendum....................................................HB 266
ADDIS, PAUL T.; commend.............................................................................................HR 526
ADJOURNMENT Adjourn 1/13/89; reconvene 1/23/89....................................................................................HR 8 Adjourn 2/3/89; reconvene 2/6/89....................................................................................HR 219 Adjourn 2/10/89; reconvene 2/13/89................................................................................HR 267 Adjourn 2/16/89; reconvene 2/20/89................................................................................HR 278 Adjourn 2/24/89; reconvene 2/27/89.................................................................................SR 195 Adjourn 3/2/89; reconvene 3/6/89....................................................................................HR 395 Adjourn 3/8/89; reconvene 3/13/89..................................................................................HR 448 Adjourn 3/13/89; reconvene 3/15/89.................................................................................SR 265 Adjourn sine die; 3/15/89 ................................................................................................... SR 275
ADMINISTRATIVE PROCEDURE Hearings; private session....................................................................................................SB 346 Medical Assistance Department; certain agency rules; requirements......................HB 1053 Rule-making duties by Insurance Commissioner...........................................................HB 358
ADMINISTRATIVE SERVICES, DEPARTMENT OF Certain inventory; acquisition costs.................................................................................HB 725 Vendor invoices; publication of aging reports.................................................................SB 236
ADMINISTRATORS AND EXECUTORS (Also, see Wills, Trusts and Administration of Estates) Aliens; certain requirements .............................................................................................HB 258 Estates; certain powers of administrator........................................................................HB 357 Estates; decedent's residence and court jurisdiction.....................................................HB 157 Estates; temporary administrator for deceased person ................................................HB 147 Fee schedules.....................................................................................................................HB 1096 Probate court; trustees' appointment or resignation; jurisdiction..............................HB 259
ADVERTISING Alcoholic beverages; application for retail license; notification...................................HB 169 Food; misleading advertisements; change provisions....................................................HB 195 Legal advertisements; rates...............................................................................................HB 839 Legal advertisements; rates................................................................................................SB 271 Local legislation; advertisement; authorization..............................................................HB 522 Public Officers Recall Act of 1989; enact.........................................................................HB 74 Sales tax; certain transactions outside of state..............................................................HB 442
AGENCIES (See named Agency or State Government)
AGRICULTURE Ad valorem tax; agricultural, horticultural or forest land - CA....................................HR 15

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2521

AGRICULTURE (Continued) Ad valorem tax; agricultural land; present use................................................................HB 47 Agricultural facility; amend definition............................................................................HB 692 Aquaculture Development Commission; create..............................................................HB 420 Cigarettes; excise tax..........................................................................................................HB 691 Cigarettes; increase tax......................................................................................................HB 233 Department of Agriculture; inspection warrants............................................................SB 116 Dogs and cats; euthanasia by animal shelters................................................................HB 671 Emerging Crops Fund; provisions..................................................................................HB 1105 Emerging crops loan fund; appropriate - CA.................................................................HR 466 Farm Conservation and Water Protection Act of 1988; urge Congress to delay reintroduction ........................................................................HR 171 Food; misleading advertisements; change provisions....................................................HB 195 Georgia Agricultural Commodities Promotion Act; enact............................................HB 745 Georgia Farm Bureau Day; February 1, 1989................................................................HR 170 Georgia Peanut Commission; create.................................................................................SB 276 Georgia Plant Food Act of 1989; enact...........................................................................HB 749 Highways; length of certain vehicles transporting live poultry; restrictions........................................................................................................HB 473 Highways; length of vehicles; requirements....................................................................HB 464 Meat inspection; certain facilities and establishments..................................................SB 117 Nurserymen and landscapers; agriculture priority during water shortages...................................................................................................HR 388 Pest Control; applications; post certain signs................................................................HB 204 Pesticide contamination cases; remove liability limitation............................................HB 11 Pesticides; aerial contractor; licensing.............................................................................HB 552 Rabbits; slaughtering and processing; exceptions...........................................................SB 119 Sanitarians and environmental health specialists; regulation .....................................HB 135 Schools; use of tobacco on premises; prohibitions.........................................................HB 975 Smoking in public places; amend provisions..................................................................HB 707 State officials; election by plurality - CA.........................................................................HR 24 Structural Pest Control Commission; composition .....................................................HB 1103 Structural Pest Control Commission; termination........................................................HB 885 Tobacco products; regulate sales......................................................................................HB 462 Vidalia onions; urge adoption of proposed federal marketing order..........................HR 172 Warehousemen; leaf tobacco sales; repeal certain provisions......................................HB 923 Wholesale fish dealers; fees for nonresidents.................................................................HB 672
AIDS Certain persons; disclosure of confidential information...............................................HB 842 County boards of health; treatment of certain patients; standards ...........................HB 974 DeKalb County Task Force; commend...........................................................................HR 157 Property owner; failure to disclose certain information; prohibit action..........................................................................................HB 519
AIRLINES AND AIRPORTS (See Aviation)
ALBANY, CITY OF Albany-Dougherty County Commission on Disadvantaged Youth; create................HR 503 Chehaw Park Authority; quorum requirement............................................................HB 1015 Homestead exemption; elderly.......................................................................................HB 1016 Invite Representatives from Albany, Dougherty County and Albany Chamber of Commerce to appear before the House...................................HR 121 Mayor and commissioners; election.................................................................................HB 963 Mayor and commissioners; terms.....................................................................................HB 961
ALCOHOLIC BEVERAGES AND ALCOHOLISM Aircraft; operation while under the influence; prohibitions........................................HB 265 All-terrain vehicles; regulations while operating............................................................HB 682

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2522

INDEX

ALCOHOLIC BEVERAGES AND ALCOHOLISM (Continued) Application for retail license; notification ......................................................................HB 169 Chemical tests; serious traffic accident............................................................................SB 347 Commercial driver's license; provide...............................................................................HB 130 Comprehensive treatment of alcoholics; effective date.....................................................HB 4 Controlled substances; sales to minors; penalty............................................................HB 349 Distilled spirits, beer and wine; excise tax.....................................................................HB 690 Distilled spirits; excise tax................................................................................................HB 479 Distilled spirits; excise tax; stamps................................................................................HB 1121 Driver's license; delay issuance to certain minors.........................................................HB 666 Driver's license; juveniles; suspension for certain acts ....................................................SB 68 Driver's license; suspension; defensive driving course; requirement..........................HB 916 Driving under the influence; probationary driver's license; amend provisions..............................................................................................HB 663 Driving under the influence; second conviction insurance coverage............................................................................................................HB 37 Driving under the influence; seizure of vehicle; certain violations.............................HB 507 Drug offenses; additional penalty assessments..............................................................HB 651 Drug trafficking; minors; penalty.....................................................................................HB 520 Evidence; competency of witness......................................................................................SB 216 Hunting while intoxicated; criminal provisions.............................................................HB 360 Juvenile proceedings; drug trafficking; felony................................................................HB 355 Licensing; distance requirements.....................................................................................HB 168 Malt beverages; excise tax.................................................................................................HB 477 Motor vehicles; chemical tests; serious traffic accident.................................................SB 347 National Guard assist in fight against drugs ...................................................................HR 71 Open containers while driving; prohibitions...................................................................HB 537 Probation; ignition interlock device; installation............................................................SB 123 Restaurants and inns; certain counties; Sunday sales...................................................SB 277 Retail dealer; prohibit check-cashing center................................................................HB 1120 Retail dealer; residency requirement.................................................................................HB 97 Retail package stores; prohibit certain persons from entering..................................HB 1119 Sales to minors; proper identification.............................................................................HB 399 Serious injury by vehicle; criminal offense.......................................................................HB 64 State contracts; drug-free workplace for employees..........................................................HB 9 Torts; intoxicated persons; liability for acts...................................................................HB 546 Wine; excise tax..................................................................................................................HB 478
ALCOVY JUDICIAL CIRCUIT; judges; supplement................................................HB 903
ALDRIDGE, AUSTIN; commend .....................................................................................HR 49
ALFRED E. BEACH HIGH SCHOOL HALL OF FAME; commend..................HR 390
ALIENS Agricultural facility; amend definition............................................................................HB 692 Executors; certain aliens; requirements ..........................................................................HB 258
ALIMONY AND CHILD SUPPORT Certain cohabitation; modification ..................................................................................HB 879 Collection................................................................................................................................SB 63 Dependent child; definition ..............................................................................................HB 556 Enforcement and guidelines; amend provisions.............................................................HB 139 Estates; year's support; certain property set apart.......................................................HB 460 Limitation on action...........................................................................................................HB 563 Noncustodial parent; amend provisions...........................................................................SB 212 Salary deductions................................................................................................................HB 243
ALLEN, GERTRUDE DARDEN; commend...............................................................HR 269

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2523

ALLS, HOWARD EUGENE; commend.........................................................................HR 551
ALMAND, HONORABLE PRESTON MATTHEW; condolences........................HR 380
ALPHARETTA, CITY OF Corporate limits..................................................................................................................HB 662 Municipal court; judge impose maximum fine...............................................................HB 411
AMBULANCES (See Emergencies and Emergency Services)
AMENDMENTS TO THE CONSTITUTION (See Constitutional Amendments)
AMERICUS AREA INTEREST GROUP OF AKA SORORITY, INC.; commend ..........................................................................................HR 60
AMOCO CORPORATION; recognize.............................................................................HR 273
AMUSEMENTS; non-residents; service of process; amend..........................................SB 321
ANDERSON, DR. GAIL; commend ...............................................................................HR 201
ANIMALS Agriculture, Department of; inspection warrants...........................................................SB 116 Baited areas; erect sign......................................................................................................HB 734 Crimes; destroying police horse; penalty.........................................................................HB 425 Dangerous Dog Control Law; definitions........................................................................HB 630 Dogs and cats; euthanasia by animal shelters................................................................HB 671 Gopher tortoise; official state reptile...............................................................................HB 531 Hunting at night; prohibitions..........................................................................................HB 363 Hunting deer at night from boat or vehicle; amend provisions..................................HB 987 Hunting; negligence; suspension of privileges................................................................HB 361 Hunting; turkey gobblers; closing season........................................................................HB 424 Hunting while intoxicated; criminal provisions.............................................................HB 360 Livestock; rendering and disposal plants and centers collection; licensing and inspection...............................................................................SB 225 Meat inspection; certain facilities and establishments..................................................SB 117 Motor vehicle accidents; injuries to dog or cat................................................................HB 33 Public hunting or fishing areas, amend acts constituting trespass; dangerous dog, post sign................................................................................SB 106 Rabbits; slaughtering and processing; exceptions...........................................................SB 119 Taxidermy Examiners, State Board; create....................................................................HB 453 Wildlife; feeding certain animals; prohibitions..............................................................HB 264
ANNEXATION Certain counties; applicability..........................................................................................HB 941 Certain counties; applicability..........................................................................................HB 962 Counties; zoning procedures..............................................................................................HB 845 Municipalities; certain annexation; county approval....................................................HB 465 Municipalities; repeal certain provision..........................................................................HB 504
APPEAL AND ERROR Appellate court; stipulated record and transcript.........................................................HB 713 Child custody; procedures..................................................................................................SB 238 Court of Appeals; invite Judges to Joint Session to hear Governor's message...............................................................................................HR 6 Death penalty; repeal.........................................................................................................HB 330 Judges; compensation...........................................................................................................HB 55 Judgments; certain motions; appealability.....................................................................HB 589 Transcript requirement; extension of time.......................................................................HB 34
APPROPRIATIONS AND FISCAL AFFAIRS Appropriations; amend FY 1988-89.................................................................................HB 118

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2524

INDEX

APPROPRIATIONS AND FISCAL AFFAIRS (Continued) Automatic provision - CA..................................................................................................HR 465 Balanced budget; urge amendment to United States Constitution rescind request for Constitutional Convention ..........................................................HR 122 Cyclorama; school children; admission fee exemption; repeal.....................................HB 920 Emerging crops loan fund; appropriate - CA.................................................................HR 466 Fiscal Affairs Subcommittee; continuing appropriations; reports ..............................HB 801 Fiscal Affairs Subcommittee; duties and functions.......................................................HB 627 Fiscal Affairs Subcommittee; membership..................................................................Page 1158 General Appropriations; FY 1989-90...........................................................................HB 145 General Assembly; bills contingent upon appropriation; prohibitions - CA............................................................................................................HR 310 Georgia Correctional Industries Administration; capital projects; powers...................................................................................................SB 257 Governor's Private Sector Survey Committee on Cost Control in State Government; create ..........................................................................HR 225 Labor Department; supplemental appropriation...........................................................HB 214 Local governments; indebtedness; file annual report....................................................HB 248 Planning and Budget Office; continuation budget report.............................................SB 326 Supplemental appropriations; FY ending 1989..............................................................HB 276 Supplemental appropriations; FY ending 1990..............................................................HB 253 Supplemental appropriations; FY ending 6/30/89.........................................................HB 873 Supplemental appropriations; increases employer contribution to state employees Health Insurance Fund................................................................HB 381 Supplemental appropriations; medical assistance ...........................................................HB 98 Transportation trust funds; remove from federal budget; urging Congressional action.............................................................................SR 142 World Congress Center; revenue bonds..........................................................................HB 223
ARBOR ACRES FARM; recognize.................................................................................HR 472
ARCHITECTS; amend provisions .....................................................................................SB 230
ARRESTS Counties and municipalities; rewards in felony cases; authorization.........................HB 432 Courts; failure to appear; warrant....................................................................................HB 495
ARTS; Macon as Permanent Site of Music Hall of Fame; create Commission ...........SR 176
ATHENS, CITY OF Athens-Clarke County Anti-Drug Commission; create.................................................HB 959 Redevelopment powers......................................................................................................HB 981
ATHLETIC AGENTS; Athletic Trainers, Board of; termination date...............................................................HB 626 Contract; termination of college eligibility; notification..................................................SB 43
ATLANTA, CITY OF Atlanta-Fulton County; convey property...........................................................................SR 64 Atlanta Housing Authority Overview Committee; create.............................................HB 889 Bond indebtedness without referendum; educational purposes - CA.........................SR 122 Convey property ..................................................................................................................SR 126 Homestead exemption; elderly and disabled...................................................................SB 334 Hotel-motel tax; increase; use of proceeds .........................................................................HB 1 House Fulton County Study Commission; create..........................................................HR 319 Housing authority commissioners; voting members......................................................HB 932 Mayoral authorization; certain contracts........................................................................HB 497 Mayoral authorization; certain contracts.........................................................................SB 323 Metropolitan Atlanta Olympic Games Authority; create.............................................HB 659 Municipal court; revise charges........................................................................................HB 303

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2525

ATLANTA, CITY OF (Continued) Rehabilitation activity; certain zone; provide ................................................................HB 739 Traffic court; funds for constructing jails........................................................................SB 363 Traffic court; judge's salary ..............................................................................................HB 926 Traffic offenses; penalty .....................................................................................................SB 335 Urban enterprise zones; certain housing units...............................................................HB 515 William B. Hartsfield Atlanta International Airport; relative to ...............................HR 433 Zones; creation; certain criteria........................................................................................HB 575 Zones; creation; effective date ..........................................................................................HB 573
ATLANTA JUDICIAL CIRCUIT Add judge.............................................................................................................................HB 721 Add two judges....................................................................................................................HB 784
ATLANTIC JUDICIAL CIRCUIT; add judge............................................................SB 167
ATTORNEY GENERAL; state officials; election by plurality - CA...........................HR 24
ATTORNEYS Civil action; medical malpractice; tolling of limitations...............................................HB 895 Civil action; professional negligence; affidavit requirement........................................HB 320 County attorney; appointment ..........................................................................................SB 171 Criminal procedure; entry of nolle prosequi; notification............................................HB 322 Criminal procedure; law office; control searches...........................................................HB 356 Fees; frivolous actions; repeal certain provisions...........................................................HB 525 Health care; attorney in fact to make certain decisions...............................................HB 999 Pardons and Paroles; attorney's representative appear before Board ........................SB 211 Torts; abusive litigation; definition..................................................................................HB 332 Trust accounts of client's funds; proceeds......................................................................HB 105
AUBURN, TOWN OF; new charter.................................................................................HB 966
AUCTIONEERS Commercial Code; motor vehicle sales; certain collateral............................................HB 943 Qualifications........................................................................................................................SB 198 Used motor vehicle dealers; registration.......................................................................HB 1084
AUDITS AND AUDITORS; ad valorem tax; education; preparation of digests.........................................................................................................HB 421
AUGUSTA, CITY OF Airport authority; create.....................................................................................................SB 352 Augusta Canal Authority; create......................................................................................HB 942 Augusta Ports Authority; change powers and definition..............................................HB 536 Augusta-Richmond County; Commission-Council; chairman-mayor; designate.........................................................................................................................HB 1075 Augusta-Richmond County Commission-Council; chairman-mayor; title change ......................................................................................................................HB 896 Augusta-Richmond County Commission on Disadvantaged Youth; create...............HR 406
AUSTELL, CITY OF; corporate limits...........................................................................HB 775
AUTHORITIES Atlanta; housing authority commissioners; voting members.......................................HB 932 Atlanta Housing Authority Overview Committee; create.............................................HB 889 Chehaw Park Authority; quorum requirement............................................................HB 1015 Elbert County Richard B. Russell Development Authority; create.............................................................................................................HB 893 Environmental Facilities Authority; assist in disposing of solid waste......................................................................................................................SB 83 Hazardous Waste Management Authority; Employee health insurance....................HB 768

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2526

INDEX

AUTHORITIES (Continued) Hazardous Waste Management Authority; Employees' Retirement ..........................HB 769 Hospital authorities; powers..............................................................................................SB 229 Housing authority overview committees; create............................................................HB 323 Jekyll Island-State Park Authority; membership.............................................................SB 99 Joint Fulton-DeKalb Hospital Authority Study Committee; create............................HR 20 MARTA; mayoral authorization; certain contracts.......................................................HB 497 MARTA; operating costs; use of certain interest..........................................................HB 670 Municipal Gas Authority; location of office; amend provisions..................................HB 742 Property furnished by regional water or sewer authority; sales tax exemption......................................................................................HB 153 Public authorities; board of directors; powers...............................................................HB 350 State Tollway Authority; sale of notes and bonds; authorization...............................HB 758 Student Finance Authority; incentive grants; maximum awards................................HB 160 World Congress Center; revenue bonds..........................................................................HB 223
AVIATION Aircraft; operation while under the influence; prohibitions ........................................HB 265 Aviation Hall of Fame; create...........................................................................................HB 110 Motor fuel; remove exemption from sales tax ...............................................................HB 338 Northeast Georgia Surface and Air Transportation Commission; create..................HB 853 Sales tax; aircraft; definition for exemption purposes..................................................HB 900 Sales tax; certain aircraft labor and materials; exemption..........................................HB 899 Sales tax; sales of aircraft, vehicles and vessels.............................................................HB 172 Stone Mountain-Britt Memorial Airport; proposed expansion...................................HR 195 William B. Hartsfield Atlanta International Airport; relative to...............................HR 433

B

BACON COUNTY Blueberry Capital of Georgia; recognize .........................................................................HR 549 Board of commissioners; chairman's salary..................................................................HB 1032 Sheriffs office; increase personnel.................................................................................HB 1034
BAGWELL, MARTHA; compensation ...........................................................................HR 114
BAIL Bailable offense before superior court judge; notification ............................................SB 255 Coverage for fuel stolen at service stations....................................................................HB 517 Criminal procedure; remission of bonds; notification of hearings ..............................HB 426 Driver's license; deposit in lieu of bail; certain cases ...................................................HB 590 Forfeiture of bonds or recognizances...............................................................................HB 187 Grant for certain conviction..............................................................................................HB 132 Superior court judges; bailable offenses; controlled substances..................................HB 268 Traffic offenses; fines; additional penalties.....................................................................SB 322
BAIN, MR. AND MRS. JEFF; congratulate................................................................HR 362
BAINBRIDGE, CITY OF; Decatur County; convey property to City of Bainbridge...............................................................................................................SR 127
BAKER COUNTY; board of commissioners; clerk; employment................................HB 748
BAKER, JEROME WILLIAM; commend....................................................................HR 553
BALDWIN COUNTY Convey property....................................................................................................................HR 89
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2527

BALDWIN COUNTY (Continued) Convey property....................................................................................................................SR 23 Convey property ....................................................................................................................SR 54 Coroner; annual salary........................................................................................................SB 161 Probate court; judge's salary................................................................................................SB 11 Sheriffs salary..........................................................................................................................SB 4 State court; judge and solicitor; compensation...............................................................SB 166 Tax commissioner; compensation........................................................................................SB 12
BANKING AND FINANCE Alcoholic beverages; retail dealer; prohibit check-cashing center.............................HB 1120 Amend Code provisions.....................................................................................................HB 316 Bad checks; amend provisions...........................................................................................SB 188 Bad checks; lien on merchandise ......................................................................................SB 186 Commercial paper; reason if dishonored..........................................................................SB 187 Credit cards; certain information stated on statement...............................................HB 1090 Credit cards; fees for cash advances................................................................................HB 978 Credit union deposit insurance corporation; bylaws; procedures................................HB 315 Educational loans; definition; privately sponsored......................................................HB 1028 Farmers' mutual fire insurance companies; required assets........................................HB 484 Financial institutions; competitive practices; amend provisions..................................SB 150 Financial institutions; filing requirements.......................................................................SB 151 Financial institutions; licensed check cashers................................................................HB 605 Financial institutions; mortgage bankers and brokers; licensing..............................HB 1104 Industrial loans; interest rate ...........................................................................................HB 382 Insurers; certain annuity contracts; issuance.................................................................HB 513 Investments of retirement funds in South African institutions....................................HB 82 Investments of state funds in South African institutions..............................................HB 80 Joint Municipal Employees' Benefit; credit unions......................................................HB 475 Loans; insurance requirements; notification...................................................................HB 433 Mortgage bankers and brokers; licensing........................................................................HB 500 Mortgage bankers and brokers; licensing......................................................................HB 1023 Mortgages; closing services; predetermined fee schedule...........................................HB 1136 Pawnbrokers; property storage; fee..................................................................................HB 860 Physicians for Rural Areas Assistance Act; enact.........................................................HB 567 Public contracts; securities; certain payments in lieu of bond.................................................................................................................HB 679 Real estate loans; requirements........................................................................................HB 653
BARNESVILLE, CITY OF; mayor; election ................................................................HB 772
BARROW COUNTY Airport authority; membership.........................................................................................HB 824 Water and Sewerage Authority; membership.................................................................HB 815
BARROW, JOHN; compensation .....................................................................................HR 102
BARTOW COUNTY Board of elections; provide................................................................................................HB 919 Certain officials; compensation.........................................................................................HB 927 Chief magistrate; compensation .......................................................................................HB 928 Commissioner; compensation............................................................................................HB 925 Convey property..................................................................................................................HR 314 Emergency telephone number 911; fees..........................................................................HB 918 Tax commissioner; compensation.....................................................................................HB 924
BAXLEY, CITY OF; council; election...........................................................................HB 1024
BEARDEN, GEORGIANNE; PRESIDENT, GEORGIA PARENT TEACHER ASSOCIATION; invite to House.......................................HR 199

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INDEX

BEBEAU, LIANNA B.; commend...................................................................................HR 452
BEN HILL COUNTY; coroner; compensation..............................................................HB 656
BENTLEY, JOHNNIE ENOCH, SR.; condolences....................................................HR 453
BERGERSON, MARY ANN; best wishes.....................................................................HR 375
BERRIEN COUNTY HIGH SCHOOL BASEBALL TEAM; Coach Bart Shuman; commend........................................................................................HR 348
BIBB COUNTY Convey property....................................................................................................................HR 35 Macon Judicial Circuit; salary supplement....................................................................HB 642
BILL ELLIOTT AND THE ELLIOTT FAMILY; commend................................HR 425
BILLIARDS; regulation......................................................................................................SB 291
BINFORD, FRANK AND BOY SCOUTS OF THOMASTON, GEORGIA; commend .......................................................................HR 443
BIVINS, R. S.; compensate ..................................................................................................HR 87
BLACK, BARCLAY; commend..........................................................................................HR 51
BLACKMON-PHILLIPS, LISA; commend.................................................................HR 479
BLAKELY, CITY OF; election; date ..............................................................................HB 948
BLASTING Fire departments; emergency powers..............................................................................HB 217 Notification; amend provisions.........................................................................................HB 833 Sales tax; certain industrial materials; exemption........................................................HB 293
BLECKLEY COUNTY; tax commissioner; compensation..........................................HB 283
BLIND PERSONS; elections; oath requirements .........................................................HB 254
BLUE, HONORABLE W. E.; commend........................................................................HR 202
BLUE RIDGE, CITY OF; new charter ...........................................................................SB 314
BLUE RIDGE JUDICIAL CIRCUIT Judges; supplement..........................................................................................................HB 1080 Judges; supplement.............................................................................................................SB 406
BOARD OF REGENTS, UNIVERSITY SYSTEM OF GEORGIA Charitable organizations; payroll deductions.................................................................HB 159 Colleges and universities; student incentive grants.......................................................HB 417 Educational loans; definition; privately sponsored......................................................HB 1028 Financial and Investment Commission; capital appreciation bonds; higher education..........................................................................HB 457 Free tuition for faculty children.........................................................................................HR 34 Gordon College; convert into four-year college..............................................................HR 296 Macon College; convert to four-year college ..................................................................HR 408 Middle Georgia College; convert to four year college...................................................HR 445 Seed Capital Fund; create.................................................................................................HB 151 State employees; attend certain colleges without payment of tuition..........................................................................................................HR 386 Teachers Retirement; transfer by faculty of University System...........................................................................................................HB 639 University System Laboratory, Equipment, Rehabilitation, and Eminent Scholars Endowment Study Committee; create..................................HR 17

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INDEX

2529

BOATS Boat Safety Act; sailboards.................................................................................................HB 49 Coastal marshlands; construction of marinas; leasing requirements..........................HB 272 Discharge of sewage on Lake Lanier; exceptions............................................................SB 309 Disposition of abandoned vessels.....................................................................................HB 476 Hunting deer at night from boat or vehicle; amend provisions..................................HB 987 Sales tax; sales of aircraft, vehicles and vessels.............................................................HB 172 St. Marys Pilotage Commissioners; agreement with Florida.......................................HB 612 Streams; certain water rights of passage..........................................................................SB 203
BOHAN, DR. GUNAR N.; condolences............................................................................HR 85
BOILERS; storage of liquid propane gas; requirements................................................HB 689
BONDS Appeal bonds; grant for certain conviction ....................................................................HB 132 Bail; forfeiture of bonds or recognizances.......................................................................HB 187 Bond indebtedness without referendum; certain municipalities; educational purposes - CA..................................................................SR 122 Contracts; letters of credit for public works ..................................................................HB 269 Coverage for fuel stolen at service stations....................................................................HB 517 Criminal procedure; remission of bonds; notification of hearings ..............................HB 426 Driver's license; deposit in lieu of bail; certain cases ...................................................HB 590 Executors; certain aliens; requirements..........................................................................HB 258 Financing and Investment Commission; capital appreciation bonds; higher education..........................................................................HB 457 Guardianship; certain actions by minors; bond requirements......................................SB 207 Intangible tax; certain property; change rate.................................................................HB 450 Local governments; housing projects; allocation system ..............................................HB 843 Local governments; investment of proceeds...................................................................HB 631 Magistrates; official bond; recording...............................................................................HB 108 Middle Georgia Coliseum Authority; bond issuance.....................................................HB 905 Motor vehicle license applications; bond requirements for certain persons..........................................................................................................HB 582 Payment bonds for public works; requirements...............................................................SB 44 Public contracts; certain bond requirements; amend provisions ................................HB 309 Public contracts; securities; certain payment in lieu of bond .....................................HB 679 State Tollway Authority; sale of notes and bonds; authorization...............................HB 758 Street improvement bonds; interest rate........................................................................HB 377 Traffic offenses; fines; additional penalties.....................................................................SB 322 World Congress Center; revenue bonds..........................................................................HB 223
BORNE, PAMELA M.; commend....................................................................................HR 231
BOUNDARIES; municipalities; certain exceptions.......................................................HB 278
BOUTWELL, AARON E.; compensate ............................................................................HR 16
BOWEN, SHERYL; commend..........................................................................................HR 237
BOXING State Boxing and Wrestling Commission; create.............................................................HB 15 State Boxing Commission; termination date......................................................................HB 7
BRAMLETT, HONORABLE W. A.; commend...........................................................HR 206
BRANTLEY COUNTY; board of education; compensation.......................................HB 914
BRAY, ANGELA W.; commend.......................................................................................HR 236
BRAY, HONORABLE CECIL; commend.....................................................................HR 249

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2530

INDEX

BREMEN, CITY OF; mayor; term of office...................................................................HB 602
BRIDGES (See Highways, Bridges and Ferries)
BROCK, JAMES LUTHER; compensate........................................................................HR 65
BRONWOOD, TOWN OF; mayor and council; election..............................................HB 888
BROOKS COUNTY; board of commissioners; compensation.....................................HB 512
BROOKS, DR. O. WAYNE; commend...........................................................................HR 524
BROOKWOOD HIGH SCHOOL; commend................................................................HR 147
BROWN, CLARICE L.; compensate.................................................................................HR 94
BRUNER, ANTHONY M. "TONY"; honor .................................................................HR 359
BRUNER, HONORABLE J. T.; commend...................................................................HR 180
BRYAN COUNTY; board of commissioners; compensation......................................HB 1039
BRYER, RICHARD "RICKY"; commend....................................................................HR 502
BUDGET (See Appropriations and Fiscal Affairs)
BUICE, COLVARD GRADY; condolences...................................................................HR 292
BUILDINGS AND HOUSING Architecture; amend provisions.........................................................................................SB 230 Atlanta; housing authority commissioners; voting members .......................................HB 932 Atlanta Housing Authority Overview Committee; create.............................................HB 889 Counties and municipalities; fair rent commissions........................................................HB 86 Detention Buildings and Facilities Authorities Law; enact..........................................SB 367 Elevators; certain buildings; exemption..........................................................................HB 136 Fire departments; emergency powers..............................................................................HB 217 Fire extinguishers; regulations..........................................................................................HB 313 Fire sprinklers; regulations................................................................................................HB 535 First-time purchase of home; certain exemptions.........................................................HB 419 Governor's Employment and Training Council; provide..............................................HB 568 Handicapped persons; multifamily dwellings; access....................................................HB 648 Homeless; shelter and meals; implement program to provide .....................................SB 208 House Radon Gas Study Committee; create..................................................................HR 113 Housing authority overview committees; create............................................................HB 323 Housing; discrimination; revise prohibitions................................................................HB 1117 Housing; residential care for elderly and mentally disabled ..........................................SB 51 Income tax; credit for certain homesteads or farms .....................................................HB 717 Income tax; first-time purchase of home; certain exemptions ....................................HB 419 Local governments; housing projects; allocation system ..............................................HB 843 Local governments; single-family residences; housing disabled persons....................HB 915 Minimum standard codes; amend provisions.................................................................HB 154 Property owner; failure to disclose certain information; prohibit action..........................................................................................HB 519 Public housing; definition ....................................................................................................SB 52 Radon Licensing Board; create.........................................................................................HB 170 Real estate; housing surcharge to transfer tax...............................................................HB 277 Register of Historic Places; establish..............................................................................HB 226 Repair or close building where drug crimes are committed ........................................HB 810 Residential housing; accessibility for disabled and elderly;.........................................HR 323 Smoking in public places; amend provisions..................................................................HB 707 Solid waste disposal; residential areas; distance requirements ...................................HB 988

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INDEX

2531

BUILDINGS AND HOUSING (Continued) Special hazards; occupant load of churches ...................................................................HB 271 Structural Pest Control Commission; composition .....................................................HB 1103
BULLOCH COUNTY Certain officials; compensation.........................................................................................HB 944 Coroner; annual salary.......................................................................................................HB 528 State court judge and solicitor; compensation...............................................................HB 858 Tax commissioner; compensation.....................................................................................HB 747
BURCH SISTERS; commend...........................................................................................HR 558
BURGER, JEFF; commend .................................................................................................HR 58
BURGESS, ROBERT T., SR. Commend.............................................................................................................................HR 287 Invite to House .....................................................................................................................HR 52
BURKE COUNTY; grant easement..................................................................................SR 132
BUSINESS AND OCCUPATION TAX Business license; marriage and family therapist; exemption.......................................HB 194 Corporate tax; date returns and payments due.............................................................HB 489 Revenue Department; assessment of tax or license fee; notice...................................HB 481
BUSSEY, LARRY WAYNE; invite to House...............................................................HR 263
BUTTS COUNTY; tax commissioner; salary supplement............................................HB 957
BYRNE, MARY MARGARET; pay tribute.................................................................HR 340
BYRON, CITY OF; clerk, treasurer, and marshal; selection.......................................HB 996

c

CALDWELL, BETHANY ROWELL; commend.........................................................HR 329
CALDWELL, DEVONY; commend ................................................................................HR 441
CALHOUN, CITY OF Convey property....................................................................................................................HR 99 Convey property..................................................................................................................HR 101
CALHOUN, JOHN H., JR.; condolences.......................................................................HR 134
CAMILLA, CITY OF; mayor or councilman; vacancy; special election ....................HB 855
CANDIDATES Campaign contributions; certain prohibitions..................................................................HB 18 Campaign contributions; expenditures............................................................................HB 491 Campaign contributions; Insurance Commissioner; prohibitions......................................................................................................................HB 286 Campaign contributions; Insurance Commissioner; prohibitions.........................................................................................................................SB 30 Campaign contributions; personal use; delete certain provisions...............................HB 468 Certain contributions; separate reporting..........................................................................SB 45 Certain write-in candidates...............................................................................................HB 408 Challenge qualifications of candidates............................................................................HB 234
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2532

INDEX

CANDIDATES (Continued) County officials; nonpartisan primaries; repeal provisions........................................HB 1132 Election Code; amend.........................................................................................................SB 165 Election or nomination by plurality..................................................................................HB 88 Petitions shall consist of cards with only one signature ..............................................HB 351 Polling places; certain campaign activities; prohibitions..............................................HB 403 Public Officers Recall Act of 1989; enact; ........................................................................HB 73 Public officials; financial disclosure; filing......................................................................SB 351 Qualifying lists; prohibitions.............................................................................................HB 239 Vacate office when qualifying for another - CA...............................................................SR 42
CANNON, JAMALYN MATTHEWS; commend.......................................................HR 451
CAPITAL PUNISHMENT (See Courts or Death Penalty)
CAROLYN ELLIS SCHOOL OF DANCE; recognize...............................................HR 149
CARROLL COUNTY Board of commissioners; create........................................................................................HB 219 Emergency telephone number 911; fees..........................................................................HB 814 State court; judge's compensation..................................................................................HB 1030 Superior court clerk; compensation...............................................................................HB 1029
CARROLLTON HIGH SCHOOL DEBATE TEAM; commend............................HR 413
CARTERSVILLE, CITY OF Homestead exemption; elderly and disabled..................................................................HB 929 Mayor, councilmen and school board members; terms.................................................HB 921
CATOOSA COUNTY Membership; selection .....................................................................................................HB 1057 Probate and superior courts; clerical help......................................................................HB 326 Tax commissioner; clerical help.......................................................................................HB 327 Water and Sewer District; change name.........................................................................HB 583
CEMETERIES Burial place; damage to property; penalty.....................................................................HB 211 Cremation; disposition of remains....................................................................................SB 252 Graves; disposal of body unlawfully removed; prohibitions .........................................SB 275
CHAPLAINS, HOUSE OF REPRESENTATIVES Alford, Reverend Calvin D................................................................................................Page 44 Bone, Reverend Bob L.....................................................................................................Page 847 Brown, Reverend Neal.........................................................................................................Page 1 Carmack, Reverend L. Floyd ........................................................................................Page 2307 Davis, Reverend Cal .......................................................................................................Page 1452 Davis, Reverend Morris B...............................................................................................Page 254 Deadwyler, Reverend George V......................................................................................Page 629 Dunson, Dr. S. Miriam...................................................................................................Page 1615 Floyd, Reverend Vernon D..............................................................................................Page 708 Gibbs, Elder M. Wayne......................................................................................................Page 70 Hamlin, Reverend James E.............................................................................................Page 677 Harr, Reverend David M...................................................................................................Page 83 Hulgan, Reverend Henry E...........................................................................................Page 2157 Jay, Reverend Lewis W..................................................................................................Page 1527 Kennedy, Dr. Randy M......................................................................................................Page 56 Lacey, Reverend Cleo Patrick.......................................................................................Page 1109 Lenders, Reverend William A.......................................................................................Page 1024 Langley, Dr. James...........................................................................................................Page 380 Mayo, Reverend James M...............................................................................................Page 935

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2533

CHAPLAINS, HOUSE OF REPRESENTATIVES (Continued) McCoy, Reverend Ken L.................................................................................................Page 199 McPherson, Reverend Dan............................................................................................Page 1891 Miller, Reverend James..................................................................................................Page 1323 Murphy, Reverend Robert N........................................................................................Page 1159 Naglee, Reverend David S...............................................................................................Page 284 Payne, Reverend David K...............................................................................................Page 138 Pearson, Elder Walter L................................................................................................Page 1259 Posey, Dr. D. Alan ............................................................................................................Page 893 Price, Dr. Nelson L...........................................................................................................Page 551 Price, Reverend Chris.....................................................................................................Page 1987 Reighard, Reverend Dwight "Ike"..................................................................................Page 599 Shannon, Reverend Patrick S.........................................................................................Page 167 Sheets, Dr. Herchel H....................................................................................................Page 1363 Staubes, Dr. James N.......................................................................................................Page 817 Taylor, Dr. Robert L......................................................................................................Page 1760 Thomas, Reverend George W.......................................................................................Page 1648 Wadsworth, Reverend Ed................................................................................................Page 327 Walker, Reverend Charles O...........................................................................................Page 509 Williams, Reverend Larry H...........................................................................................Page 231
CHAPPELL, EMMITT EDWARD; commend............................................................HR 253
CHARITIES Insurance; fraternal benefit societies; revise provisions .............................................HB 1129 Lotteries; nonprofit religious institutions.........................................................................HB 26 Property of Boy Scouts or Girl Scouts; sales tax exemption.......................................HB 158 University System; charitable organizations; payroll deductions................................HB 159
CHARLES, CITY OF; abolish charter.............................................................................SB 393
CHATHAM COUNTY Ad valorem tax; certification ............................................................................................HB 831 Certain officials; compensate.............................................................................................SB 286 Chatham-Savannah Authority for the Homeless; create..............................................HB 897 Convey easements..................................................................................................................SR 25 Exchange of public property.............................................................................................HR 387 Exchange of public property..............................................................................................SR 171 Savannah-Chatham County Anti-Drug Commission Study Commission; create.........................................................................................................HR 416 State court fees...................................................................................................................HB 199
CHATTAHOOCHEE COUNTY; board of commissioners; compensation.................HB 31
CHATTAHOOCHEE JUDICIAL CIRCUIT; add judge..........................................HB 559
CHECKS (See Banking and Finance or Financial Institutions)
CHEEK, BENJAMIN FRANKLIN, JR.; condolences..............................................HR 126
CHEROKEE COUNTY Board of commissioners; create........................................................................................HB 649 Board of education; per diem.........................................................................................HB 1012 Officials; supplement..........................................................................................................HB 550
CHEROKEE JUDICIAL CIRCUIT; add judge.........................,................................HB 922
CHILD ABUSE; Cruelty to children; admissibility of certain testimony...........................................................................................................................SB 153 Cruelty to children; offense of reckless abandonment....................................................HB 29

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INDEX

CHILD ABUSE (Continued) Evidence; child's statement on sexual conduct and abuse.........................................................................................................................HB 366 Evidence; child's testimony on sexual conduct and abuse...........................................HB 397 Reporting; confidentiality..................................................................................................HB 787 Sexual offenses against children; age provisions..............................................................HB 27 Testimony of certain children ..........................................................................................HB 711
CHILD CUSTODY (Also, see Domestic Relations or Parent and Child) Age to select parent.............................................................................................................SB 391 Amend proceedings.............................................................................................................HB 946 Appeal procedures...............................................................................................................SB 238 Interference with custody; define offense.......................................................................HB 633 Paternal Rights Act; enact................................................................................................HB 543 Pick-up from school by parent...........................................................................................HB 67
CHIROPRACTORS Certain sales; profits...........................................................................................................HB 661 Scope of practice...............................................................................................................HB 1070
CIGARS AND CIGARETTES Excise tax.............................................................................................................................HB 480 Excise tax.............................................................................................................................HB 691 Increase tax..........................................................................................................................HB 233 Schools; use of tobacco on premises; prohibitions.........................................................HB 975 Smoking in public places; amend provisions..................................................................HB 707 Tobacco products; regulate sales......................................................................................HB 462 Warehousemen; leaf tobacco sales; repeal certain provisions......................................HB 923
CITIZENS AND AGENCIES FOR TROUBLED CHILDREN COALITION; commend..................................................................................................HR 306
CITIZENS' COMMITTEE FOR SKIDAWAY ISLAND STATE PARK, UNION CAMP CORPORATION AND THE BRANIGAR ORGANIZATION, INC. Commend.............................................................................................................................HR 401 Commend..............................................................................................................................SR 170
CITY COURTS (See Courts or Municipalities)
CIVIL PRACTICE Attorney's fee; frivolous actions; repeal certain provisions..........................................HB 525 Child support; limitation on action .................................................................................HB 563 Counties; official organ; notification.................................................................................SB 145 Depositions; videotaping..................................................................................................HB 1055 Dismissal; certain costs.......................................................................................................SB 329 Evidence; DNA profile; requirement...............................................................................HB 137 Judicial sales; prepayment costs; requirements.............................................................HB 935 Legal advertisements; rates...............................................................................................HB 839 Medical malpractice; mandatory arbitration for certain claims................................HB 1011 Medical malpractice; tolling of limitations.....................................................................HB 895 Non-residents; service of process; amend ........................................................................SB 321 Procedure; alternate jurors; service..................................................................................HB 106 Professional negligence; affidavit requirement..............................................................HB 320 Property; tenant set aside dispossessory default...........................................................HB 712 Tax sales; foreclosure notice of right to redeem............................................................HB 123 Torts; abusive litigation; definition..................................................................................HB 332 Torts; defamatory statements in visual or sound broadcast; abusive litigation ..........................................................................................SB 239 Written request for admission; certain action................................................................HB 354

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2535

CLARK ATLANTA UNIVERSITY; special license plates.......................................HB 117
CLARKE COUNTY Athens-Clarke County Anti-Drug Commission; create.................................................HB 959 Classic Center Authority; membership..........................................................................HB 1059 Probate court; chief clerk's salary....................................................................................HB 997
CLAYTON COUNTY Board of commissioners; compensation.........................................................................HB 1008 Board of education; composition....................................................................................HB 1026 Commission on Children and Youth; establish............................................................HB 1076 Fraternal Order of Clayton County Firefighters, Inc.; commend..........................................................................................................................HR 458 Jonesboro, City of; convey property to Clayton County...............................................SR 120 Probate court; judges' compensation.............................................................................HB 1022 Redevelopment powers......................................................................................................HB 976 State court; deputy clerk, judge and solicitor; compensation....................................HB 1005 Superior court; officials' compensation.........................................................................HB 1007 Supplement personnel of Clayton Judicial Circuit.....................................................HB 1021 Tax commissioner and deputy tax commissioner; compensation .............................HB 1006
CLAYTON COUNTY SCHOOL SYSTEM MUSIC EDUCATION PROGRAM; commend.....................................................................................................HR 504
CLAYTON JUDICIAL CIRCUIT District attorney; supplement.........................................................................................HB 1003 Judges; supplement..........................................................................................................HB 1004 Personnel; supplement.....................................................................................................HB 1021
CLERKS, SUPERIOR COURT County officials; filing certain affidavits and affirmations..........................................HB 407 Duties....................................................................................................................................SB 183 Investment of certain funds..............................................................................................HB 448 Salary.....................................................................................................................................SB 159 Serve as juvenile court clerk.............................................................................................HB 598 Superior Court Clerks' Retirement Fund; benefits.....................................................HB 1035
CLIFTON, NIKI; commend ................................................................................................HR 48
CLINCH COUNTY PANTHERS FOOTBALL TEAM; recognize.......................HR 297
CLINICAL LABORATORIES; evidence; DNA profile; requirement......................HB 137
COBB COUNTY Annexation; Chattahoochee Plantation............................................................................SB 295 Board of commissioners; compensation...........................................................................HB 802 Board of Commissioners; investigate solid waste management..........................................................................................................HR 486 Board of commissioners; purchases .................................................................................HB 803 Classified and unclassified positions; amend provisions ...............................................SB 404 Cobb County-Marietta Water Authority; membership; terms....................................HB 901 Commission on Children and Youth; change date to abolish......................................HB 668 Community Improvement Districts; amend provisions.................................................SB 395 Department heads; county manager remove from office..............................................HB 985 Hospital Authority; filling vacancies.............................................................................HB 1001 Hospital Authority Study Committee; membership; create ........................................HR 396 Marietta-Cobb County Anti-Drug Commission; provide ..............................................SB 340 Marietta-Cobb County Consolidation Study Commission; create..............................HR 487 Probate court judge and clerk; compensation................................................................HB 945 Redevelopment powers.......................................................................................................SB 400

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INDEX

COBB COUNTY (Continued) Sheriff and personnel; compensation...............................................................................HB 970 Solicitor; election and compensation................................................................................SB 315 State court; chief judge; create position...........................................................................SB 379 State court; clerk and chief deputy clerk; compensation..............................................SB 377 State court; compensation; certain judges.......................................................................SB 390 State court; costs.................................................................................................................SB 327 Superior court; clerk and deputy clerk; salary...............................................................HB 983 Tax commissioner and personnel; compensation...........................................................HB 971
COBB JUDICIAL CIRCUIT Court administrator.............................................................................................................SB 176 District attorney; staff; compensation.............................................................................HB 977 Judges; supplement............................................................................................................HB 982
CODE OF GEORGIA Corrections and revisions ....................................................................................................HB 91 Corrections and revisions ....................................................................................................HB 93 Foreclosure fraud; change Code reference........................................................................HB 92 Retirement Code; revisions .................................................................................................HB 90
CODY, CARLOS; Albany Middle School symphonic band; commend ......................HR 547
COGGIN, J. MILTON; recognize.....................................................................................HR 208
COGGINS, DELLA CHARLES; recognize...................................................................HR 350
COLBERT, CITY OF; mayor and councilmen; terms..................................................HB 871
COLE, DR. THOMAS W., JR.; invite to House.............................................................HR 67
COLLEGES Athletic contract; termination of college eligibility; notification...................................SB 43 Campus police; speed detection devices..........................................................................HB 324 Clark Atlanta University; special license plates ............................................................HB 117 Development authorities; colleges; certain facilities used by athletic association ...........................................................................................SB 369 Educational loans; definition; privately sponsored......................................................HB 1028 Education Trust Act; create..............................................................................................HB 244 Financial and Investment Commission; capital appreciation bonds; higher education..........................................................................HB 457 Georgia Education Trust; create......................................................................................HB 819 Gordon College; convert into four-year college..............................................................HR 296 Income tax; advance tuition payments; deduction........................................................HB 232 Income tax; advance tuition payments; deduction........................................................HB 818 Joint Georgia Military College Study Committee; create...............................................SR 99 Macon College; convert to four-year college ..................................................................HR 408 Middle Georgia College; convert to four year college...................................................HR 445 Pharmacies operated by college of pharmacy; special permits .....................................HB 58 Postsecondary Education Authorization Act; additional exemption..........................HB 697 Special license plates...........................................................................................................SB 342 Special license plates; colleges and universities; commemoration..............................HB 301 State employees; attend certain colleges without payment of tuition.......................HR 386 Student incentive grants....................................................................................................HB 417 University System; free tuition for faculty children.......................................................HR 34
COLQUITT COUNTY; emergency telephone number 911; fees................................HB 973
COLQUITT COUNTY ARTS COUNCIL; commend ...............................................HR 364
COLQUITT COUNTY HIGH SCHOOL A CAPPELLA Choir; commend.........HR 421

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COLUMBUS, CITY OF Councilors; terms................................................................................................................HB 664 Personnel Review Board; alternate members.................................................................HB 665
COMER, CITY OF; mayor and councilpersons; election and terms...........................HB 294
COMMERCE AND TRADE Business opportunity; definition..........................................................................................HB 5 Cleaning agents; retail sales; prohibitions.......................................................................HB 762 Commercial Code; motor vehicle sales; certain collateral............................................HB 943 Commercial paper; reason if dishonored..........................................................................SB 187 Consumer lease; personal property rental; prepayment...............................................HB 614 Contracts; partial restraint of trade; exceptions............................................................HB 744 Contracts; trade secrets; determination..........................................................................HB 252 Department of Industry, Trade and Tourism; name change..........................................SB 82 Fair Employment Practices Act of 1989; enact..............................................................SB 232 Georgia Competitive Practices Act of 1989; enact........................................................HB 735 Going out of business sale; amend definition.................................................................HB 193 Health spas; certain contract provisions.........................................................................HB 341 Hollywood, California; registration as official trademark; application...................................................................................................HR 541 Insurance; security deposits..............................................................................................HB 510 Liens; repair of certain equipment; retain possession ...................................................SB 317 Limited partnerships and reservation of names............................................................HB 334 Low phosphorus household laundry detergents; retail sales; local governments to mandate ...........................................................................HB 719 Medicare supplement insurance; unfair practices..........................................................SB 234 Motor vehicle rentals; regulation .....................................................................................HB 565 Motor vehicle service agreements; regulation ................................................................HB 314 Multiline heavy equipment dealers; regulation ..............................................................SB 141 New motor vehicles; manufacturers; failure to conform to warranty.......................HB 1049 Pari-mutuel wagering; counties; referendum..................................................................HB 447 Pari-mutuel wagering; provide by referendum - CA.....................................................HR 119 Principal and agent; professional service; charges.......................................................HB 1069 Seed Capital Fund; create .................................................................................................HB 151 Time-share; campsites; availability..................................................................................HB 773 Tobacco products; regulate sales......................................................................................HB 462 Warehousemen; leaf tobacco sales; repeal certain provisions......................................HB 923 World Congress Center; revenue bonds..........................................................................HB 223
COMMERCIAL CODE Commercial paper; reason if dishonored..........................................................................SB 187 Motor vehicle sales; certain collateral.............................................................................HB 943
COMMISSIONS Access to Health Care Commission; create....................................................................HR 162 Access to Health Care Commission; create.......................................................................SR 70 Aquaculture Development Commission; create..............................................................HB 420 Augusta-Richmond County Commission on Disadvantaged Youth; create...............HR 406 Commission on Economy and Efficiency in State Government; create.....................SR 140 Counties and municipalities; planning and zoning powers; amend procedures - CA...................................................................................................HR 88 Georgia Agricultural Commodities Promotion Act; enact............................................HB 745 Georgia Peanut Commission; create.................................................................................SB 276 Georgia State Games Commission; create.......................................................................SB 194 Georgia Tax Reform Commission of 1990; create.........................................................HR 294 Governor's Employment and Training Council; provide..............................................HB 568 Gwinnett County Government Study Commission; create..........................................HR 405 House Fulton County Study Commission; create..........................................................HR 319

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COMMISSIONS (Continued) Macon as Permanent Site of Music Hall of Fame; create Commission .....................SR 176 Metropolitan Area Planning and Development Commissions; budgeting provisions.......................................................................................................HB 163 Northeast Georgia Surface and Air Transportation Commission; create.........................................................................................................HB 853 Public Employees Relations Commission; create..........................................................HB 862 Savannah-Chatham County Anti-Drug Commission Study Committee; create...........................................................................................................HR 416 State Boxing and Wrestling Commission; create.............................................................HB 15 State Boxing Commission; termination date......................................................................HB 7 Structural Pest Control Commission; composition .....................................................HB 1103 Structural Pest Control Commission; termination date...............................................HB 885 Student Finance Commission; commissioners' compensation.....................................HB 161 Warner Robins Clean Community Commission; recognize............................................HR 84
COMMITTEES Atlanta Housing Authority Overview Committee; create.............................................HB 889 Auto Insurance Costs Containment; create joint committee..........................................SR 60 Cable Television Study Committee; create ....................................................................HR 354
Certificate of Need for Traumatic Brain Injury Facilities Study Committee; create..............................................................................HR 313
Children and Youth Overview Committee; create.........................................................HB 958 Children and Youth Overview Committee; create..........................................................SB 355 Cobb County Hospital Authority Study Committee; membership; create................HR 396 Drug Abuse and Drug Trafficking Study Committee; create......................................HR 365 Equalized Adjusted School Property Tax Digest
Study Committee; create................................................................................................SR 152 Family and medical leave policies of employers;
Industrial Relations Committee to study...................................................................HR 318 Franchised Motor Vehicle Practices Study Committee; create...................................HR 189 Governor's Private Sector Survey Committee on Cost
Control in State Government; create ..........................................................................HR 225 House Abandonment of Infants Study Committee; create............................................HR 68 House Catering Business Study Committee; create......................................................HR 244 House Discipline in Schools Study Committee; create...................................................HR 92
House Disparity in Sentencing and Sentencing Reform Study Committee; create.................................................................................................HR 70
House Drivers' Licensing Study Committee; create......................................................HR 243 House Motor Vehicle Safety Inspection Study Committee; create..............................HR 96 House Movie Industry Study Committee; create............................................................HR 14
House Postsecondary Vocational Education Laboratory, Equipment and Library Research Needs Study Committee; create......................HR 275
House Quality of Work Life Study Committee; create................................................HR 352 House Radon Gas Study Committee; create..................................................................HR 113 House Rapid Rail Passenger Service Study Committee; create..................................HR 280 House Savannah River Basin Study Committee; create..............................................HR 106 House School District Enrollment Options Program
Study Committee; create...............................................................................................HR 108 House Strategic Planning Study Committee; create.....................................................HR 371 House Truck Safety Study Committee; create..............................................................HR 407 Housing authority overview committees; create............................................................HB 323 Joint Evidence Study Committee; create .......................................................................HR 317
Joint Fulton-DeKalb Hospital Authority Study Committee; create.............................................................................................................HR 20
Joint Georgia Military College Study Committee; create...............................................SR 99 Joint Health Care Personnel Supply and Planning Study
Committee; create.............................................................................................................HR 31

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2539

COMMITTEES (Continued) Joint Legislative Committee on Economy, Reorganization and Efficiency in State Government; create...................................................................SR 7 Joint Management Committee of Employees and Teachers Retirement System; create...........................................................................HB 284 Joint State-wide Lottery Study Committee; create........................................................HR 29 Joint Study Committee on Cost Display on State Publications; create.........................................................................................................SR 110 Joint Study Committee on Public School Freedom of Choice; create ................................................................................................................SR 92 Joint Study Committee on Solid Waste Management; create.....................................SR 103 Joint Title 40 Study Committee; create .........................................................................HR 316 Joint West Point Lake Study Committee; create ..........................................................SR 128 Medical Examiner Study Committee; create .................................................................HR 383 Muscogee County Board of Education Study Committee; create ..............................HR 311 Pollution; House Natural Resources and Environmental Committee to study........................................................................................................HR 367 Privatization of Penal Institutions Study Committee; create.......................................HR 18 Savannah-Chatham County Anti-Drug Commission Study Committee; create...........................................................................................................HR 416 State Boards of Education and Technical and Adult Education; liaison committees......................................................................................HR 312 State-wide mass transit and heavy rail system; feasibility study...............................HR 322 Train and Rail Service Study Committee; create ...........................................................HR 10 University Laboratory, Equipment, Rehabilitation, and Eminent Scholars Endowment Study Committee; create..........................................HR 17
COMMITTEES, STANDING Assignments....................................................................................Pages 37, 157, 158, 320, 1158 Banks and Banking; assignment.......................................................................................Page 20 Retirement Committee; communication regarding Acting Chairman.........................Page 20
COMMON CARRIERS AND CONTRACT CARRIERS (See Motor Carriers)
COMMUNICATIONS RECEIVED Cox, Honorable Walter E.; oath .........................................................................................Page 8 Governor ...................................................................................................................Pages 20, 1888 Johnson, Honorable Rudolph; resignation......................................................................Page 21 Martin, Honorable Jim ..................................................................................................Page 1201 Secretary of State..................................................................................Pages 1, 7, 105, 158, 320, 626, 932, 1319, 1758, 1889, 2305, 2515 Speaker of the House................................................................Pages 20, 21, 22, 157, 320, 1158 Waldrep, Honorable Ken; resignation .............................................................................Page 19
COMMUNITY AFFAIRS Buildings; minimum standard codes; amend provisions..............................................HB 154 Fire Department Grant Fund; create............................................................................HB 1089 Fire Department Revolving Loan Fund; create...........................................................HB 1083 Homeless; shelter and meals; implement program to provide .....................................SB 208 Income tax; job tax credit; certain counties...................................................................HB 240 Local governments; indebtedness; file annual report....................................................HB 248 State-wide planning and development; facilitate ..........................................................HB 215 Warner Robins Clean Community Commission; recognize............................................HR 84
COMPENSATION RESOLUTIONS Boutwell, Aaron E................................................................................................................HR 16 Brock, James Luther............................................................................................................HR 65 Brown, Clarice L...................................................................................................................HR 94 Elrod, Steve .........................................................................................................................HR 226

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COMPENSATION RESOLUTIONS (Continued) England, Charles W...........................................................................................................HR 218 Fuller, G. Douglas and Alice K..........................................................................................HR 76 Hallerman, Paul....................................................................................................................HR 93 Hancock, Frances and Bob ...............................................................................................HR 241 Harris, Frances M...............................................................................................................HR 217 Holy Order of MANS, Inc...................................................................................................HR 73 Kutchey, Robert Marshall, Sr..........................................................................................HR 160 Long, Marvrick......................................................................................................................HR 90 Martin, Benjamin Earl, Jr...................................................................................................HR 91 Mathias, Janet P.................................................................................................................HR 222 Miller, Rebecca Jane ..........................................................................................................HR 215 Moody, William Scott........................................................................................................HR 166 Rangel, Oscar.......................................................................................................................HR 265 Roland, George......................................................................................................................HR 77 Schief, Carolyn....................................................................................................................HR 276 Simmons, David Edward, Sr...............................................................................................HR 75 Steen, Eunice.......................................................................................................................HR 240 Strickland, Lorraine...........................................................................................................HR 109 Woodard, Willie Mae.........................................................................................................HR 266
CONDOMINIUMS Georgia Condominium Act; amend..................................................................................HB 502 Residential housing; accessibility for disabled and elderly..........................................HR 323 Time-share; campsites; availability..................................................................................HB 773
CONSERVATION AND NATURAL RESOURCES Ad valorem tax; rehabilitated historic property; assessment.......................................HB 225 Aerobic wastewater treatment plants; authorize usage.................................................HB 746 Air Contaminants; construction of certain facilities; permit.......................................HB 700 Air Quality Control Act; amend provisions....................................................................HB 933 All-terrain vehicles; regulation..........................................................................................HB 682 Aquaculture Development Commission; create..............................................................HB 420 Blasting or excavating; notification; amend provisions................................................HB 833 Boats; discharge of sewage on Lake Lanier; certain exceptions...................................SB 309 Citizens' Committee for Skidaway Island State Park, Union Camp Corporation and The Branigar Organization, Inc.; commend .....................HR 401 Citizens' Committee for Skidaway Island State Park, Union Camp Corporation and The Branigar Organization, Inc.; commend ......................SR 170 Cleaning agents; retail sales; prohibitions.......................................................................HB 762 Coastal marshlands; construction of marinas; leasing requirements..........................HB 272 Counties and municipalities; solid waste disposal contracts; bids...............................SB 237 Cyclorama; school children not paying admission fee; repeal Act Creating.........................................................................................................HB 920 Eminent domain; certain maintenance of condemned property...............................HB 1050 Employee health insurance; Hazardous Waste Management Authority; benefits..........................................................................................................HB 768 Employees' Retirement; Hazardous Waste Management Authority; membership..................................................................................................HB 769 Environmental Facilities Authority; assist in disposing of solid waste ....................................................................................................SB 83 Environmental Policy Act; enact......................................................................................HB 949 Farm Conservation and Water Protection Act of 1988; urge Congress to delay reintroduction ........................................................................HR 171 Foresters; qualifications and requirements......................................................................SB 272 Game; baited areas; erect sign..........................................................................................HB 734 Georgia Trust for Historic Preservation, Inc; convey property...................................HR 321 Georgia Water Supply Act; enact .......................................................................................SB 86

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2541

CONSERVATION AND NATURAL RESOURCES (Continued) Gopher tortoise; official state reptile...............................................................................HB 531 Hazardous Materials Safety Act; enact...........................................................................HB 931 Hazardous waste disposal facilities; amend provisions...............................................HB 1124 Hazardous waste permits; refusal by county or municipality.......................................HB 15 Historical preservation; ordinances; certain exemptions ..............................................HB 799 House Radon Gas Study Committee; create..................................................................HR 113 House Savannah River Basin Study Committee; create..............................................HR 106 Hunting at night; prohibitions..........................................................................................HB 363 Hunting deer at night from boat or vehicle; amend provisions ..................................HB 987 Hunting; suspension of privileges; negligence................................................................HB 361 Hunting; turkey gobblers; closing season........................................................................HB 424 Hunting while intoxicated; criminal provisions .............................................................HB 360 Income tax; timber sales; certain exemption..................................................................HB 939 Income tax; timber sales; credit.......................................................................................HB 940 Jekyll Island-State Park Authority; membership.............................................................SB 99 Joint Study Committee on Solid Waste Management; create .....................................SR 103 Landfill operators; certification........................................................................................HB 148 Low phosphorus household laundry detergents; retail sales; local governments to mandate ...........................................................................HB 719 Mountain Protection Act; enact............................................................................................SB 1 Natural Resources Department; marinas; certain provisions ......................................HB 263 Nurserymen and landscapers; agriculture priority during water shortages...................................................................................................HR 388 Park facilities; reduced fees for disabled veterans........................................................HB 129 Pest control; applications; post certain signs .................................................................HB 204 Pesticide contamination cases; remove liability limitation ............................................HB 11 Petroleum products; underground storage; amend provisions.....................................HB 155 Pigeon River; urge certain action by Governor of Tennessee .....................................HR 539 Pine straw; certificate of harvest; requirements...............................................................SB 88 Pollution; House Natural Resources and Environmental Committee to study ........................................................................................................HR 367 Register of Historic Places; establish..............................................................................HB 226 River Corridor Protection Act; enact............................................................................HB 1133 Sales tax; certain industrial materials; exemption ........................................................HB 293 Sales tax; metal coins and bullion; exemption.............................................................HB 1087 Sanitarians and environmental health specialists; regulation .....................................HB 135 Sanitary landfill operators; certification ............................................................................SB 70 Soil and water conservation; rule-making process............................................................SB 84 Solid waste disposal; residential areas; distance requirements ...................................HB 988 Solid waste disposal sites; permits...................................................................................HB 102 Solid Waste Planning, Recycling and Reduction Act; enact.......................................HB 521 Taxidermy Examiners, State Board; create....................................................................HB 453 Timberland; long-term capital gains; tax differential...................................................HR 349 Warner Robins Clean Community Commission; recognize............................................HR 84 Wastewater treatment plant operators; continuing education....................................HB 574 Wastewater treatment plant; permit...............................................................................HB 696 Water control; discharges of pollutants; regulations.....................................................HB 345 Water Supply Protection Act; enact................................................................................HB 184
CONSTITUTIONAL AMENDMENTS Ad valorem tax; agricultural, horticultural or forest land..............................................HR 15 Ad valorem tax; education; other sources of revenue...................................................HR 167
Ad valorem tax; education; reduce mill limitation........................................................HR 111
Appropriations; automatic provision...............................................................................HR 465 Boards of education election; single-member districts.................................................HR 163
Boards of education; election and number.......................................................................HR 23

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CONSTITUTIONAL AMENDMENTS (Continued) Bond indebtedness without referendum; certain municipalities; educational purposes............................................................................SR 122 Counties and municipalities; composition of governing authority; referendum....................................................................................................HR 315 Counties and municipalities; planning and zoning powers; amend procedures.............................................................................................................HR 88 Drug-related crime; additional penalty...........................................................................HR 220 Elections; vacate office when qualifying for another.......................................................SR 42 Emerging crops loan fund; appropriation.......................................................................HR 466 General Assembly; bills contingent upon appropriation; prohibitions.......................HR 310 General Assembly; open meetings.........................................................................................SR 4 Georgia Health Insurance Trust Fund; create...............................................................HR 369 Governor and Lieutenant Governor; one six-year term ...............................................HR 372 Lieutenant Governor; abolish office................................................................................HR 100 Local governments; sales tax without certain limitation..............................................HR 279 Local school boards; other sources of revenue.................................................................HR 72 Lottery; delete prohibitions ................................................................................................HR 28 Lottery; prohibitions; exempt certain bingo games.........................................................HR 13 Moral turpitude conviction; prohibit holding state office..........................................................................................................................HR 32 Pardons and Paroles; certain conviction; serve one-third of sentence ........................................................................................................SR 37 Pardons and Paroles; election.............................................................................................HR 25 Pardons and Paroles; members; terms...............................................................................SR 96 Pari-mutuel wagering; provide by referendum..............................................................HR 119 Public facilities; barriers to handicapped; funds for removal......................................HR 467 Public officials; certain crimes; ineligibility to hold office............................................SR 116 Special county sales tax; educational purposes................................................................HR 95 Special county sales tax; educational purposes..............................................................HR 168 Special investigative grand juries; drug trafficking; jurisdiction...................................HR 36 Special one percent sales tax; educational purposes.....................................................HR 227 State lottery; disposition of proceeds................................................................................HR 11 State lottery; hospital care for indigents and educational purposes; proceeds............................................................................................................HR 69 State lottery; provide............................................................................................................SR 30 State officials; election by plurality...................................................................................HR 24 State school superintendent; hold office no more than two terms................................................................................................................HR 239 Statewide grand juries; create .............................................................................................SR 58 Superior and state courts; vacancies; special election ..................................................HR 161 Tax relief; elderly ...............................................................................................................HR 238
CONSUMER AFFAIRS Alcoholic beverages; retail dealer; prohibit check-cashing center.............................HB 1120 Auto Insurance Costs Containment; create joint committee..........................................SR 60 Cleaning agents; retail sales; prohibitions.......................................................................HB 762 Commercial Code; motor vehicle sales; certain collateral............................................HB 943 Consumer lease; personal property rental; prepayment...............................................HB 614 Distilled spirits; retail dealers; residency requirements..................................................HB 97 Food; misleading advertisements; change provisions....................................................HB 195 Foreclosures; consumer transactions; definition.............................................................SB 185 Franchised Motor Vehicle Practices Study Committee; create...................................HR 189 Going out of business sales; amend definition...............................................................HB 193 Health spas; certain contract provisions.........................................................................HB 341 Innkeepers; deposit; inspection of premises at check out..........................................HB 1079 Insurance; unfair practices; aftermarket crash parts....................................................HB 201

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2543

CONSUMER AFFAIRS (Continued) Low phosphorus household laundry detergents; retail sales; local governments to mandate ...........................................................................HB 719 Motor vehicle service agreements; regulation ................................................................HB 314 New motor vehicles; manufacturers; failure to conform to warranty.......................HB 1049 Pest control; applications; post certain signs.................................................................HB 204 Principal and agent; professional services; charges.....................................................HB 1069 Public Service Commission; utilities engaging in least cost planning; authorization................................................................................HB 684 Retail facilities; public restrooms.......................................................................................HB 87 Time-share; campsites; availability..................................................................................HB 773 Used car dealers; definition ...............................................................................................SB 214 Utility Finance Section of Public Service Commission; abolish ...............................HB 1125
CONTRACTORS(CONSTRUCTION) Ad valorem tax; property assessed on its existing use..................................................HB 406 Buildings; minimum standard codes; amend provisions..............................................HB 154 Contracts; payment bonds for public works; requirements.............--...........................SB 44 Examination requirements; licensure; Construction Industry Licensing Board; termination date..............................................................HB 344 Fire sprinklers; regulations................................................................................................HB 535 Handicapped persons; multifamily dwellings; access....................................................HB 648 Health; nonsewered toilet systems; regulate ..................................................................HB 619 Lawn sprinkler system; installation; requirements........................................................HB 600 Licensing examination; requirements..............................................................................HB 435 Materialman's lien; certain actions; filing requirements..............................................HB 545 Materialman's lien; claim; notify property owner.........................................................HB 533 Multiline heavy equipment dealers; regulation ..............................................................SB 141 Pesticides; aerial contractor; licensing.............................................................................HB 552 Public contracts; bid restrictions ......................................................................................SB 296 Utility contractors; licensing..............................................................................................SB 140 Workers' Compensation; recovery against third party tort-feasors............................HB 319
CONTRACTS Atlanta; mayoral authorization; certain contracts.........................................................HB 497 Consumer lease; personal property rental; prepayment...............................................HB 614 Education personnel; employment contracts..................................................................HB 548 Executors; fee schedules..................................................................................................HB 1096 Georgia Education Trust; create......................................................................................HB 819 Health insurance; insolvency pool; membership............................................................HB 250 Health spas; certain contract provisions.........................................................................HB 341 Insurance; written notification of termination of agent...............................................HB 759 Insurers; certain annuity contracts; issuance .................................................................HB 513 Letters of credit for public works....................................................................................HB 269 Materialman's lien; certain actions; filing requirements..............................................HB 545 Materialman's lien; claim; notify property owner.........................................................HB 533 Motor vehicle service agreements; regulation ................................................................HB 314 Partial restraint of trade; exceptions...............................................................................HB 744 Payment bonds for public works; requirements...............................................................SB 44 Property and casualty insurance; business by producer which controls insurer..................................................................................................HB 1130 Public contracts; approval by Board of Technical and Adult Education; certain exemptions..................................................................HB 427 Public contracts; bid restrictions ......................................................................................SB 296 Public contracts; certain bond requirements; amend provisions ................................HB 309 Public contracts; securities; certain payment in lieu of bond .....................................HB 679 State government contracts; participation by women and minorities........................HB 103 Trade secrets; determination ............................................................................................HB 252

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2544

INDEX

CONTROLLED SUBSTANCES Amend list..............................................................................................................................HB 69 Dangerous drugs; steroids; distribution.............................................................................HB 71 Drug Abuse and Drug Trafficking Study Committee; create......................................HR 365 Drug offenses; additional penalty assessments ..............................................................HB 651 Drug trafficking; minors; penalty .....................................................................................HB 520 Drug trafficking; school property; separate offense .......................................................SB 204 Drug-related crime; additional penalty - CA .................................................................HR 220 Marijuana; taxation............................................................................................................HB 164 Pardons and Paroles; restrictions .....................................................................................SB 280 Proceeds from forfeitures..................................................................................................HB 383 Sales to minors; penalty....................................................................................................HB 349 Sales to minors; penalty....................................................................................................HB 793 Superior court judges; bailable offenses; controlled substances..................................HB 268
CONWAY, ALICE AND THE WORTH COUNTY MISSION; commend.........HR 345
COOK COUNTY; motor vehicles; registration...............................................................HB 410
CORDELE, CITY OF Commend.............................................................................................................................HR 402 Commission; election..........................................................................................................HB 615
CORONERS County officials; filing of certain affidavits and affirmations .....................................HB 407 Cremation; disposition of remains....................................................................................SB 252 Post-mortem Examination; local medical examiner; definition ..................................HB 878 Training course; requirement ............................................................................................SB 192
CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS Business opportunity; definition..........................................................................................HB 5 Corporate tax; date returns and payments due.............................................................HB 489 Electric membership corporation; service charge for dormant account.....................HB 456 Family controlled corporations; voting shares ..................................................................SB 19 Filing requirements............................................................................................................HB 336 Georgia Business Corporation Code; revise ....................................................................HB 335 Georgia Competitive Practices Act of 1989; enact........................................................HB 735 Health insurance; grace period; allowance......................................................................HB 207 Income tax; allocation of income......................................................................................HB 467 Income tax; amend provisions..........................................................................................HB 482 Income tax; certain tax credits.........................................................................................HB 532 Income tax; individual net income; amend provisions..................................................HB 486 Insurance; fraternal benefit societies; revise provisions.............................................HB 1129 Insurers; transfer of domicile............................................................................................HB 566 Limited partnerships and name reservations; amend provisions................................HB 334 Motor vehicle insurance; loss of income for sole shareholder .......................................HB 57 Officers and employees; insurable interest .....................................................................HB 472 Shareholder requirements.................................................................................................HB 245 Uniform Partnership Act; amend.....................................................................................HB 333
CORRECTIONS, DEPARTMENT OF (See Penal Institutions)
CORRELL, VIC;commend................................................................................................HR 438
COUNTIES (Also, see Local Government or Named County) Ad valorem tax; certain property; transferor's liability................................................HB 586 Ad valorem tax; furnish copies to certain officials........................................................HB 387 Ad valorem tax; value and millage rates by local tax officials....................................HB 930 Air contaminants; construction of certain facilities; permit........................................HB 700 Alcoholic beverages; restaurants and inns; Sunday sales..............................................SB 277

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INDEX

2545

COUNTIES (Also, see Local Government or Named County) (Continued) Ambulance; medical technicians; number required; certain counties ........................HB 604 Annexation; certain counties; applicability.....................................................................HB 941 Annexation; certain counties; applicability.....................................................................HB 962 Annexation; zoning procedures.........................................................................................HB 845 Billiard rooms; regulation...................................................................................................SB 291 Boards of education; election and number - CA.............................................................HR 23 Boards of education; election; single-member districts - CA.......................................HR 163 Boards of education; membership; eligibility ..................................................................SB 345 Buildings; minimum standard codes; amend provisions ..............................................HB 154 Buildings; repair or close where drug crimes are committed ......................................HB 810 Business license; marriage and family therapist; exemption .......................................HB 194 Children and youth; custody of Human Resources; services........................................SB 350 Children and Youth Investment Fund; traffic fines ......................................................SB 353 Composition of governing authority; referendum - CA................................................HR 315 Contracts; payment bonds for public works; requirements ............................................SB 44 Coroners; training course; requirement............................................................................SB 192 Corrections Department; transfer of inmates; fees ........................................................SB 149 Counties and municipalities; fair rent commissions........................................................HB 86 County attorney; appointment ..........................................................................................SB 171 County boards of commissioners; single member districts ............................................HB 85 County boards of health; members' compensation........................................................HB 607 County boards of health; treatment of certain patients; standards ...........................HB 974 County officials; filing certain affidavits and affirmations..........................................HB 407 Cremation; disposition of remains....................................................................................SB 252 Criminal abuse of office; certain acquisition....................................................................HB 13 Dangerous Dog Control Law; definitions........................................................................HB 630 Detention Buildings and Facilities Authorities Law; enact..........................................SB 367 Development impact fees..................................................................................................HB 796 District attorneys; secretaries; reimbursement of certain expenses............................HB 800 Dogs and cats; euthanasia by animal shelters................................................................HB 671 Driver's license; suspension; notify Public Safety Department....................................SB 248 Education; isolated schools grants; continuation...........................................................HB 415 Education; length of school year; amend certain provisions........................................HB 325 Elections; challenge qualification of candidates............................................................HB 234 Elections; chief deputy registrars; exemption from certain restrictions..........................................................................................................HB 346 Elevators; certain buildings; exemption..........................................................................HB 136 Employees' Retirement; family and children services; creditable service ............................................................................................................HB 539 Employees' Retirement; family and children services; creditable service ............................................................................................................HB 596 Family violence centers; county and municipal funds; grants.....................................HB 469 Fire departments; minimum requirements.....................................................................HB 620 Grand jury; upcoming appointment; notification ..........................................................HB 599 Handicapped parking fines; use of funds .....................................................................HB 1116 Hazardous waste disposal facilities; amend provisions...............................................HB 1124 Hazardous waste permits; refusal by county or municipality .......................................HB 75 Highways; contract negotiations........................................................................................SB 274 Historical preservation; ordinances; certain exemptions..............................................HB 799 Hospital care for pregnant women; amend provisions..................................................HB 597 Hotel-motel tax; increase; use of proceeds.........................................................................HB 1
Hotel-motel tax; rate..........................................................................................................HB 770
Housing authority overview committees; create ............................................................HB 323
Income tax; corporations; certain tax credits.................................................................HB 532
Income tax; job tax credit; certain counties...................................................................HB 240
Income tax; local peace officers retirement benefits; exemption................................HB 429

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2546

INDEX

COUNTIES (Also, see Local Government or Named County) (Continued) Income tax return form; certain designation; assignment............................................HB 792 Indigent defense; public defender; authorization...........................................................SB 251 Insurance; county tax; proceeds.......................................................................................HB 617 Jail Construction and Staffing Act; enact.........................................................................SB 26 Jails; room and board; reimbursement fee .....................................................................HB 317 Joint county and municipal sales tax; increase rate.......................................................HB 45 Joint county and municipal sales tax; special districts; proceeds...............................HB 220 Jurors and court bailiffs; compensation............................................................................HB 96 Jurors; change method for composing jury lists............................................................HB 591 Jury lists; revise..................................................................................................................HB 524 Juvenile Intake Workers and Probation Officers; state subsidies...............................SB 227 Juveniles; local justice services; funding..........................................................................SB 383 Law enforcement; training requirements; certain exemptions ....................................HB 844 Legal advertisements; rates................................................................................................SB 271 Local boards of education; establish sick leave pools...................................................HB 147 Local boards of education; establish sick leave pools...................................................HB 370 Local boards of education; filling vacancies...................................................................HB 704 Local boards of education; group medical and dental insurance................................HB 440 Local boards of education; vary length of school year; repeal certain provisions................................................................................................HB 951 Local government consolidation; procedures................................................................HB 1123 Local governments; appraisal requirements for purchase of property.......................HB 348 Local governments; bonds; investment of proceeds......................................................HB 631 Local governments; election from single-member district..............................................HB 79 Local governments; housing projects; allocation system ..............................................HB 843 Local governments; indebtedness; file annual report....................................................HB 248 Local governments; sales tax without certain limitation - CA....................................HR 279 Local legislation; advertisement; authorization..............................................................HB 522 Local school boards; other sources of revenue - CA.......................................................HR 72 Low phosphorus household laundry detergents; retail sales; local governments to mandate ...........................................................................HB 719 Medical examiners; certain examinations; fees...............................................................SB 319 Medical examiners; embalm body before releasing........................................................SB 318 Medical Examiner Study Committee; create .................................................................HR 383 Mentally retarded persons; community service; amend provisions............................HB 894 Misdemeanors; certain crimes; maximum fine...............................................................HB 588 Municipalities; certain annexation; county approval....................................................HB 465 Natural Resources Department; marinas; certain provisions ......................................HB 263 Northeast Georgia Surface and Air Transportation Commission; create..................HB 853 Official organ; notification .................................................................................................SB 145 Officials and employees; benefits......................................................................................SB 249 Officials; salary.....................................................................................................................SB 159 Pari-mutuel wagering; referendum...................................................................................HB 447 Peace officers; training expenses; certain reimbursement..........................................HB 1093 Personal property sales; vendor repurchase...................................................................HB 391 Physicians for Rural Areas Assistance Act; enact.........................................................HB 567 Planning and zoning powers; amend procedures - CA...................................................HR 88 Post-mortem Examination; local medical examiner; definition..................................HB 878 Prisons; emergency confinement facilities; provide.......................................................HB 499 Property conveyance; requirements..................................................................................SB 245
Prosecuting attorneys; definition.....................................................................................HB 251 Public authorities; board of directors; powers...............................................................HB 350
Public facilities; barriers to handicapped persons; funds for removal - CA.............................................................................................................HR 467
Public officers and employees; liability insurance; immunity...................................HB 1122
Public officials; residency requirements..........................................................................HB 401

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INDEX

2547

COUNTIES (Also, see Local Government or Named County) (Continued) Public Safety Department; reimbursement for certain services of state patrol......................................................................................HB 698 Redevelopment powers; taxable value; definition .........................................................HB 247 Regional jails; probation revocation; transfer to original county............................................................................................................HB 576 Rewards in felony cases; authorization ...........................................................................HB 432 Rules of the road; funeral procession..............................................................................HB 409 Sales tax; increase; repeal special county sales tax.......................................................HB 493 Schools; average daily attendance; repeal provision ......................................................SB 240 Solid waste disposal contracts; bids..................................................................................SB 237 Solid waste disposal sites; permits...................................................................................HB 102 Solid Waste Planning, Recycling and Reduction Act; enact.......................................HB 521 Special county one percent sales tax; use of proceeds..................................................HB 986 Special county sales tax; change termination date........................................................HB 228 Special county sales tax; educational purposes - CA......................................................HR 95 Special county sales tax; educational purposes - CA....................................................HR 168 Special county sales tax; separate proposals..................................................................HB 506 Special county sales tax; separate proposals for each project.....................................HB 693 Special one percent sales tax; educational purposes - CA...........................................HR 227 Special sales tax; amend provisions relating to repeal.................................................HB 150 Speed detection devices; regulations on use...................................................................HB 750 State court judge; residency requirements .....................................................................HB 192 State courts; retired judges; compensation.......................................................................HB 10 State-wide planning and development; facilitate ..........................................................HB 215 Surveyor; appointment.......................................................................................................HB 288 Tax execution; required notification................................................................................HB 637 Teachers and certificated employees; certain employment continuation; compensation.........................................................................................HB 1054 Telephone service; toll free dialing; certain intracounty calls.....................................HB 720 Traffic offenses; fines; additional penalties.....................................................................SB 322 Traffic offenses; municipal jurisdiction...........................................................................HB 443 Zoning Procedures Law for Metropolitan Counties; enact..........................................HB 555
COURCHINE, KEVIN; commend...................................................................................HR 398
COURTS (Also, see Crimes and Offenses or Criminal Procedure) Abandoned motor vehicles; liens; filing fee.....................................................................SB 328 Alcovy Judicial Circuit; judges; supplement...................................................................HB 903 Appeals; transcript requirement; extension of time........................................................HB 34 Appellate court; stipulated record and transcript.........................................................HB 713 Atlanta Judicial Circuit; add judge..................................................................................HB 721 Atlanta Judicial Circuit; add two judges ........................................................................HB 784 Atlantic Judicial Circuit; add judge..................................................................................SB 167 Attorney's fee; frivolous actions; repeal certain provisions..........................................HB 525 Attorneys; trust accounts of client's funds; proceeds....................................................HB 105 Bailable offense before superior court judge; notification ............................................SB 255 Bail; forfeiture of bonds or recognizances.......................................................................HB 187 Blue Ridge Judicial Circuit; judges; supplement.........................................................HB 1080 Blue Ridge Judicial Circuit; judges; supplement............................................................SB 406 Bonds; coverage for fuel stolen at service stations,.......................................................HB 517 Chattahoochee Judicial Circuit; add judge.....................................................................HB 559 Cherokee Judicial Circuit; add judge ..............................................................................HB 922 Chief magistrates; minimum compensation.....................................................................SB 372 Child abandonment; suspension of sentence.....................................................................SB 65 Child custody; appeal procedures.....................................................................................SB 238 Children and youth; community innovation zones; designate......................................SB 382 Children and Youth Investment Fund; traffic fines......................................................SB 353

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2548

INDEX

COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) Children and Youth Overview Committee; create.........................................................HB 958 Children and Youth Overview Committee; create..........................................................SB 355 Civil action; dismissal; certain costs .................................................................................SB 329 Civil action; medical malpractice; tolling of limitations...............................................HB 895 Civil action; professional negligence; affidavit requirement........................................HB 320 Civil action; written request for admission.....................................................................HB 354 Civil practice; depositions; videotaping.........................................................................HB 1055 Civil procedure; alternate jurors; service ........................................................................HB 106 Clayton Judicial Circuit; district attorney; supplement .............................................HB 1003 Clayton Judicial Circuit; judges; supplement...............................................................HB 1004 Clayton Judicial Circuit; personnel; supplement.........................................................HB 1021 Cobb Judicial Circuit; court administrator .....................................................................SB 176 Cobb Judicial Circuit; district attorney; staff; compensation......................................HB 977 Cobb Judicial Circuit; judges; supplement.....................................................................HB 982 Council of Probate Court Judges; contract with membership .....................................SB 104 County officials; filing of certain affidavits and affirmations .....................................HB 407 County officials; salary .......................................................................................................SB 159 Court Officials Retirement System; create .....................................................................HB 756 Coweta Judicial Circuit; judges; supplement ..................................................................SB 332 Criminal cases; arraignment date; notification ................................................................HB 19 Criminal Justice Coordinating Council; membership; State School Superintendent .........................................................................................SB 101 Criminal procedure; entry of nolle prosequi; notification ............................................HB 322 Criminal procedure; inspection of files by defendant.....................................................HB 35 Criminal procedure; remission of bonds; notification of hearings ..............................HB 426 Criminal solicitation; penalty............................................................................................HB 509 Cruelty to children; admissibility of certain testimony.................................................SB 153 Death penalty; offense of murder as part of ceremony or ritual ................................HB 224 Death penalty; offense of murder during apprehension...............................................HB 173 Death penalty or life imprisonment; judge's discretion................................................HB 282 Death penalty; persons under 18 years; prohibition.......................................................HB 81 Death penalty; repeal.........................................................................................................HB 330 Death penalty; televise proceedings...................................................................................HB 89 Disposition of unclaimed property; time period............................................................HB 487
District Attorneys Retirement; transfer membership to Employees' Retirement.............................................................................................HB 752
District attorneys; secretaries; reimbursement of certain expenses............................HB 800 Divorce; mediation proceedings.........................................................................................SB 181 Driver's license; delay issuance to certain minors .........................................................HB 666 Driver's license; suspension; notify Public Safety Department....................................SB 248 Drug offenses; additional penalty assessments..............................................................HB 651 Drug-related crime; additional penalty - CA.................................................................HR 220 Drug trafficking; penalty .....................................................................................................HB 30 Eastern Judicial Circuit; add judge .................................................................................HB 306 Employees' Retirement; certain judicial employees; membership..............................HB 436 Employees' Retirement; certain judicial employees; membership ............................HB 1088 Estates; certain powers of administrator ........................................................................HB 357 Estates; temporary administrator for deceased person................................................HB 147 Ethics; extortion by public officials; prohibitions ..........................................................SB 218 Evidence; child's testimony on sexual conduct and abuse...........................................HB 397 Evidence; competency of witness......................................................................................SB 216
Evidence; defendant furnish list of witnesses to District Attorney............................HB 180
Evidence; defendant's testimony; impeachment.............................................................SB 217
Evidence; DNA profile; requirement ...............................................................................HB 137
Evidence; expert witnesses; medical malpractice; actions ..........................................HB 1135
Evidence; prosecution for rape.........................................................................................HB 229

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INDEX

2549

COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) Evidence; records obtained from Public Safety Department...................................,..HB 380 Executive Probate Judges Council; election...................................................................HB 107 Executors; fee schedules..................................................................................................HB 1096 Failure to appear; warrant for arrest...............................................................................HB 495 Grand jury; upcoming appointment; notification ..........................................................HB 599 Guardianship; certain actions by minors; bond requirements......................................SB 207 Guardianship; creation or termination; filing requirements........................................HB 257 Guardian; transfer jurisdiction of trust; judge's order..................................................HB 733 Gwinnett Judicial Circuit; judges; supplement............................................................HB 1066 Handicapped parking fines; use of funds.....................................................................HB 1116 Houston Judicial Circuit; supplement for probation personnel................................HB 1061 Human Resources; certain actions for damages; notice................................................HB 864 Indigent defense; public defender; authorization...........................................................SB 251 Jail Construction and Staffing Act; enact.........................................................................SB 26 Joint Evidence Study Committee; create .......................................................................HR 317 Judge release defendant on personal recognizance.......................................................HB 466 Judgments; certain motions; appealability.....................................................................HB 589 Judicial sales; prepayment costs; requirements.............................................................HB 935 Juror summonses; time limit for notification.................................................................HB 127 Jurors and bailiffs; compensation......................................................................................HB 96 Jurors; change method for composing jury lists............................................................HB 591 Jury lists; revise..................................................................................................................HB 524 Juvenile court; designate referee as juvenile court magistrate....................................HB 222 Juvenile court; director of guardian ad litem; appointment........................................HB 595 Juvenile courts; district attorney conduct delinquency proceedings...........................SB 287 Juvenile intake workers and probation officers; state subsidies..................................SB 227 Juvenile proceedings; detention homes for delinquent children..................................SB 180 Juvenile proceedings; drug trafficking; felony................................................................HB 355 Juveniles; detention proceedings.......................................................................................SB 371 Juveniles; local justice services; funding..........................................................................SB 383 Juveniles; transfer to youth development center...........................................................HB 111 Life imprisonment or death penalty; judge's discretion..................................................SB 25 Limited partnerships and reservation of names............................................................HB 334 Lookout Mountain Judicial Circuit; add judge...............................................................SB 132 Lookout Mountain Judicial Circuit; probation officers; supplement .......................HB 1002 Macon Judicial Circuit; district attorney; supplement.................................................HB 906 Magistrate courts; extradition...........................................................................................SB 139 Magistrate courts; jurisdiction..........................................................................................HB 743 Magistrates; official bond; recording...............................................................................HB 108 Magistrates Retirement System; create ..........................................................................HB 937 Maps and plats; recordation and filing...........................................................................HB 112 Marriage license; fees for family violence shelters........................................................HB 196 Marriage; persons performing ceremonies.......................................................................SB 197 Mentally retarded; residential care facilities; admission requirements.................................................................................................HB 331 Misdemeanors; certain crimes; maximum fine...............................................................HB 588 Municipal courts; violations; maximum period of confinement..................................HB 908 Municipalities; certain traffic fines; payment................................................................HB 246 Non-residents; service of process; amend........................................................................SB 321 Northeastern Judicial Circuit; judges; supplement........................................................SB 405 Paternity; payment of certain fees; amend provisions..................................................HB 353 Prisoners; probated or revoked sentence; alternative service........................................HB 94
Prisoners; transmittal information; notification.............................................................SB 354
Prisons; emergency confinement facilities; provide.......................................................HB 499 Probate courts; filling vacancies; amend provisions.......................................................SB 298
Probate courts; retired judges perform marriage ceremonies......................................HB 339

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2550

INDEX

COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) Property; tenant set aside dispossessory default...........................................................HB 712 Property; title transfers; registration...............................................................................HB 210 Prosecuting attorneys; definition .....................................................................................HB 251 Purchase of services for juvenile offenders program; commend .................................HR 337 Southern Judicial Circuit; add judge...............................................................................HB 298 Southern Judicial Circuit; add judge................................................................................SB 142 Special investigative grand juries; drug trafficking; jurisdiction - CA...............................................................................................................HR 36 State court judge; residency requirements.....................................................................HB 192 State courts; retired judges; compensation.......................................................................HB 10 Statewide grand juries; create - CA....................................................................................SR 58 Statutory rape; victim's testimony not required to be corroborated..........................HB 299 Stone Mountain Judicial Circuit; judges; supplement..................................................HB 886 Superior and state court clerks; investment of certain funds .....................................HB 448 Superior and state courts; vacancies; special election - CA.........................................HR 161 Superior court clerks; duties..............................................................................................SB 183 Superior court clerk; serve as juvenile court clerk........................................................HB 598 Superior Court Clerks' Retirement Fund; benefits.....................................................HB 1035 Superior court judges; bailable offenses; controlled substances..................................HB 268 Superior court; judge serve while member of Retirement System .............................HB 570 Superior court; judge serve while member of Retirement System ..............................SB 324 Superior court judges; pay-level for re-employed secretaries......................................HB 191 Superior courts; judges' secretaries; salary .....................................................................HB 141 Superior courts; service by senior judges; amend provisions.......................................HB 676 Supreme Court justices; Court of Appeals judges; compensation.................................HB 55 Tallapoosa Judicial Circuit; terms...................................................................................HB 412 Tax execution; required notification................................................................................HB 637 Torts; abusive litigation; definition..................................................................................HB 332 Torts; defamatory statements in visual or sound broadcast; abusive litigation ..........................................................................................SB 239 Torts; sports officials; liability............................................................................................HB 54 Traffic offenses; fines; additional penalties.....................................................................SB 322 Traffic offenses; municipal jurisdiction...........................................................................HB 443 Traffic violations; district attorney act as prosecutor ...................................................SB 273 Witnesses; competency and credibility............................................................................HB 310 Witnesses; competency of child; amend provisions.......................................................HB 218 Witness fees; law enforcement personnel ........................................................................SB 103
COWAN, MICHAEL; commend.........................................................................................HR 38
COWETA JUDICIAL CIRCUIT; judges; supplement................................................SB 332
COX, HONORABLE WALTER E. Condolences.........................................................................................................................HR 351 Oath of office.........................................................................................................................Page 8 Wish a speedy recovery .....................................................................................................HR 233
CRAIG, ANDREW BLAIR; commend...........................................................................HR 207
CRAIG, MARTIN DAVID; commend ...........................................................................HR 214
CRAWFORD COUNTY; library fees; collection...........................................................HB 828
CRAYTON, CAROLYN; invite to House.........................................................................HR 97
CREDIT UNIONS Banking and Finance; amend Code provisions..............................................................HB 316 Credit union deposit insurance corporation; bylaws; procedures................................HB 315

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INDEX

2551

CRIMES AND OFFENSES (CRIMINAL CODE) Bad checks; amend provisions...........................................................................................SB 188 Bad checks; lien on merchandise ......................................................................................SB 186 Bailable offense before superior court judge; notification ............................................SB 255 Birthdate; giving false information....................................................................................HB 32 Buildings; repair or close where drug crimes are committed ......................................HB 810 Burial place; damage to property; penalty.....................................................................HB 211 Buying or selling of human body parts; define offense................................................HB 634 Child abuse; reporting; confidentiality............................................................................HB 787 Child abuse; testimony of certain children.....................................................................HB 711 Controlled substances; amend list......................................................................................HB 69 Controlled substances; proceeds from forfeitures..........................................................HB 383 Controlled substances; sales to minors; penalty............................................................HB 349 Controlled substances; sales to minors; penalty............................................................HB 793 Counties and municipalities; rewards in felony cases; authorization .........................HB 432 County and municipal officials; criminal abuse of office; certain acquisition ............................................................................................................HB 13 Courts; failure to appear; warrant for arrest..................................................................HB 495 Criminal solicitation; penalty............................................................................................HB 509 Cruelty to children; admissibility of certain testimony.................................................SB 153 Cruelty to children; offense of reckless abandonment....................................................HB 29 Dangerous Dog Control Law; definitions........................................................................HB 630 Dangerous drugs; steroids; distribution.............................................................................HB 71 Death penalty; offense of murder as part of ceremony or ritual................................HB 224 Death penalty; offense of murder during apprehension...............................................HB 173 Death penalty or life imprisonment; judge's discretion................................................HB 282 Death penalty; prohibit for person under 18 years.........................................................HB 81 Death penalty; repeal.........................................................................................................HB 330 Death penalty; televise proceedings...................................................................................HB 89 Driver's license; revocation for certain offenses; points................................................HB 146 Drug offenses; additional penalty assessments..............................................................HB 651 Drug-related crime; additional penalty - CA.................................................................HR 220 Drug trafficking; minors; penalty.....................................................................................HB 520 Drug trafficking; penalty.....................................................................................................HB 30 Drug trafficking; school property; separate offense .......................................................SB 204 Eluding a peace officer; penalty for offense....................................................................SB 196 Escape; definition of offense................................................................................................SB 66 Ethics; extortion by public officials..................................................................................SB 218 Evidence; prosecution for rape.........................................................................................HB 229 Evidence; records obtained from Public Safety Department......................................HB 380 Firearms dealer; ammunition to underage persons; refrain.........................................HR 409 Firearms dealer; information required of purchaser.....................................................HB 190 Firearms; peace officers; possession; amend provisions................................................HB 593 Firearms; possession by certain persons............................................................................SB 20 Foreclosure fraud; change code reference.........................................................................HB 92 Gambling; certain games; exception.................................................................................SB 290 Graves; disposal of body unlawfully removed; prohibitions .........................................SB 275 Hunting; firearm or archery tackle; prohibitions...........................................................HB 494 Insurance; fraudulent claim on stolen motor vehicles................................................HB 1086 Interference with custody; define offense.......................................................................HB 633 Juvenile proceedings; drug trafficking; felony................................................................HB 355
Lottery; nonprofit religious institutions............................................................................HB 26
Marijuana and controlled substances; taxation.............................................................HB 164
Misdemeanors; certain crimes; maximum fine...............................................................HB 588
Misdemeanors; penalty; amend provisions.........................................................................HB 2
Moral turpitude conviction; prohibit holding state office - CA................................................................................................................HR 32

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2552

INDEX

CRIMES AND OFFENSES (CRIMINAL CODE) (Continued) Motor Vehicle Theft and Insurance Fraud Reporting Immunity Act; enact....................................................................................................HB 1111 Offense of disorderly conduct...........................................................................................HB 542 Pardons and Paroles; certain offenses; restrictions........................................................SB 280 Pari-mutuel wagering; counties; referendum..................................................................HB 447 Pari-mutuel wagering; provide by referendum - CA.....................................................HR 119 Peace Officer Standards and Training Council; certificate; prohibit denial after certain pardon........................................................HB 188 Police horse; penalty for destroying................................................................................HB 425 Public housing; definition ....................................................................................................SB 52 Public officials; certain crimes; ineligibility to hold office - CA..................................SR 116 Public retirement systems; no benefits paid for certain crimes committed..............................................................................................HB 764 Schools; use of tobacco on premises; prohibitions.........................................................HB 975 Sexual offenses against children; age provisions..............................................................HB 27 Smoking in public places; amend provisions..................................................................HB 707 Special investigative grand juries; drug trafficking; jurisdiction - CA...............................................................................................................HR 36 State lottery; provide...........................................................................................................HB 48 State lottery; provide - CA ..................................................................................................SR 30 Statutory rape; victim's testimony not required to be corroborated ..........................................................................................................HB 299 Students; suspension; notify law enforcement...............................................................HB 667
CRIMINAL PROCEDURE Arraignment date; notification...........................................................................................HB 19 Bailable offense before superior court judge; notification ............................................SB 255 Bail; forfeiture of bonds or recognizances.......................................................................HB 187 Bonds; coverage for fuel stolen at service stations........................................................HB 517 Bonds; grant for certain conviction .................................................................................HB 132 Child abuse; testimony of certain children.....................................................................HB 711 County jails; room and board; reimbursement fee........................................................HB 317 Courts; failure to appear; warrant for arrest..................................................................HB 495 Courts; judge release defendant on personal recognizance..........................................HB 466 Criminal Justice Coordinating Council; membership ...................................................HB 430 Criminal Justice Coordinating Council; membership; State School Superintendent.........................................................................................SB 101 Criminal solicitation; penalty............................................................................................HB 509 Death penalty; offense of murder as part of ceremony or ritual................................HB 224 Death Penalty; offense of murder during apprehension ..............................................HB 173 Death penalty or life imprisonment; judge's discretion................................................HB 282 Death penalty; persons under 18 years; prohibition.......................................................HB 81 Death penalty; repeal.........................................................................................................HB 330 Death penalty; televise proceedings...................................................................................HB 89 Driver's license; deposit in lieu of bail; certain cases ...................................................HB 590 Entry of nolle prosequi; notification................................................................................HB 322 Evidence; defendant furnish list of witnesses to District Attorney.............................................................................................................HB 180 Evidence; DNA profile; requirement...............................................................................HB 137 Evidence; records obtained from Public Safety Department......................................HB 380 House Disparity in Sentencing and Sentencing Reform Study Committee; create.................................................................................................HR 70 Indigent defense; public defender; authorization...........................................................SB 251 Inspection of files by defendant.........................................................................................HB 35 Joint Evidence Study Committee; create.......................................................................HR 317 Judgments; certain motions; appealability.....................................................................HB 589 Law office; control searches..............................................................................................HB 356

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INDEX

2553

CRIMINAL PROCEDURE (Continued) Life imprisonment or death penalty; judge's discretion..................................................SB 25 Magistrate courts; extradition ...........................................................................................SB 139 Mentally retarded persons; death penalty; certain circumstances..............................HB 352 Misdemeanors; certain crimes; maximum fine...............................................................HB 588 Misdemeanors; penalty; amend provisions.........................................................................HB 2 Pardons and Paroles; certain conviction; serve one-third of sentence - CA ................................................................................................................SR 37 Prisoners; transmittal information; notification.............................................................SB 354 Remission of bonds; notification of hearings.................................................................HB 426 Statutory rape; victim's testimony not required to be corroborated..........................HB 299 Superior court judges; bailable offenses; controlled substances..................................HB 268 Witnesses; competency and credibility............................................................................HB 310
CULPEPPER, JUDGE ROBERT E. LEE, JR.; condolences....................................HR 54
CURTIS, PAULA F.; compensation................................................................................HR 118
CUTHBERT, CITY OF; mayor and councilmen; election.........................................HB 1058

D

DALTON, CITY OF; hearings and investigations.......................................................HB 1056
DALTON, SIR ALAN; commend....................................................................................HR 124
DANIEL, JOHN; commend...............................................................................................HR 327
DANIEL, THOMAS E.; commend ..................................................................................HR 533
DANIELS, TIMOTHY; commend...................................................................................HR 488
DAVENPORT, GUY F.; recognize...................................................................................HR 473
DAVIS, DR. HENRY GORDON JR.; commend ........................................................HR 342
DA VIS, KEVIN; commend..................................................................................................HR 55
DAVIS, WILLIAM R. "BILL"; invite to House..........................................................HR 197
DAWSON, CITY OF Corporate limits..................................................................................................................HB 880 Mayor and councilmen; election.......................................................................................HB 884
DAWSON COUNTY; sheriff; compensation...................................................................SB 397
DAWSON, WILLIAM MARK; commend.....................................................................HR 325
DAY CAMPS; regulation....................................................................................................HB 231
DAY CARE Child welfare agencies and certain day-care centers; licensing...................................HB 114 Children and youth; family day-care home; definition.................................................HB 938 Income tax; child care credit............................................................................................HB 241 Income tax credit; child or dependent care......................................................................HB 25
DEATH PENALTY Judge's discretion................................................................................................................HB 282 Judge's discretion..................................................................................................................SB 25
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2554

INDEX

DEATH PENALTY (Continued) Mentally retarded persons; certain circumstances ........................................................HB 352 Murder during apprehension............................................................................................HB 173 Offense of murder as part of ceremony or ritual...........................................................HB 224 Persons under 18 years; prohibition..................................................................................HB 81 Repeal...................................................................................................................................HB 330 Televise proceedings.............................................................................................................HB 89
DEBTOR AND CREDITOR Commercial paper; reason if dishonored..........................................................................SB 187 Credit cards; certain information on statement...........................................................HB 1090 Credit cards; fees for cash advances................................................................................HB 978 Foreclosures; consumer transactions; definition.............................................................SB 185 Garnishment; individual retirement accounts; certain exception .............................HB 1098
DECATUR, CITY OF Ad valorem tax; deferral for certain elderly persons....................................................HB 722 Animal Crackers Program; commend..............................................................................HR 158
DECATUR COUNTY; convey property to City of Bainbridge...................................SR 127
DEEDS Conveying property; address requirement......................................................................HB 389 Mortgages; cancellation of security deeds; recording procedures................................HB 898 Mortgages; recording; address requirement....................................................................HB 124 Property; title transfers; registration...............................................................................HB 210
DEERFIELD-WINDSOR SCHOOL LADY KNIGHTS BASKETBALL TEAM; commend ..............................................................................HR 155
DEKALB COUNTY Ad valorem tax; certain municipalities; limitations....................................................HB 1033 Annexation; certain counties; applicability.....................................................................HB 941 Annexation; certain counties; applicability.....................................................................HB 962 Chief executive officer; compensation...........................................................................HB 1045 Homestead exemption; elderly.......................................................................................HB 1106 Homestead exemption; elderly .......................................................................................HB 1107 Joint Fulton-DeKalb Hospital Authority Study Committee; create............................HR 20 Magistrates; compensation..............................................................................................HB 1118 State court; fees..................................................................................................................HB 549
DEKALB COUNTY INFANT MORTALITY TASK FORCE; commend .........HR 146
DEKALB COUNTY POLICE EMERGENCY SERVICE UNIT; commend.....HR 159
DEKALB COUNTY TASK FORCE ON AIDS; commend.....................................HR 157
DELOACH, OLIN P. "JOCK"; condolences.................................................................HR 132
DENTISTS AND DENTAL HYGIENISTS Continuing education requirements.................................................................................HB 705 Licensing requirements......................................................................................................HB 200 Licensing requirements......................................................................................................HB 953 Local boards of education; group medical and dental insurance................................HB 440 Medical and dental coverage; jurisdiction of Insurance Commissioner..................................................................................................................HB 674
DEVELOPMENT AUTHORITIES Colleges; certain facilities used by athletic association .................................................SB 369 Counties and municipalities; development impact fees................................................HB 796
DICKERSON MIDDLE SCHOOL; commend............................................................HR 378

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2555

DIETITIANS; Licensed Dietitians, Board of Examiners; termination date..............HB 470
DISABLED PERSONS (See Handicapped Persons)
DISORDERLY CONDUCT; provide for offense.........................................................HB 542
DISTILLED SPIRITS Excise tax.............................................................................................................................HB 479 Excise tax.............................................................................................................................HB 690
DISTRICT ATTORNEYS Court Officials Retirement System; create.....................................................................HB 756 Emeritus; minimum salary................................................................................................HB 230 Evidence; defendant furnish list of witnesses................................................................HB 180 Juvenile courts; conduct delinquency proceedings.........................................................SB 287 Prosecuting attorneys; definition .....................................................................................HB 251 Retirement; spouses' benefits ...........................................................................................HB 681 Secretaries; reimbursement of certain expenses ............................................................HB 800 Traffic violations; district attorney act as prosecutor ...................................................SB 273
DOBBS, TIMOTHY AND VIRGINIA LYNN (GENNY); commend..................HR 152
DOCKINS, PAUL CHRISTEN; commend...................................................................HR 493
DODSON, CARR; invite to House.....................................................................................HR 97
DOERUN, CITY OF; mayor and councilmen; election ................................................HB 786
DOGS Dangerous Dog Control Law; definitions........................................................................HB 630 Dogs and cats; euthanasia by animal shelters................................................................HB 671 Motor vehicle accidents; injury..........................................................................................HB 33 Public hunting or fishing areas, amend acts constituting trespass; dangerous dogs, post signs.............................................................................SB 106
DOMAIN, ABRAHAM; condolences..................................,............................................HR 255
DOMED STADIUM Hotel-motel tax; proceeds......................................................................................................HB 1 World Congress Center; revenue bonds..........................................................................HB 223
DOMESTIC RELATIONS Alimony and child support; salary deductions...............................................................HB 243 Alimony; certain cohabitation; modification..................................................................HB 879 At-risk children and youth; establish certain goals........................................................SB 374 Business license; marriage and family therapist; exemption.......................................HB 194 Child abandonment; suspension of sentence.....................................................................SB 65 Child abuse; reporting; confidentiality............................................................................HB 787 Child abuse; testimony of certain children.....................................................................HB 711 Child custody; amend proceedings...................................................................................HB 946 Child custody; appeal procedures.....................................................................................SB 238 Child support; collection ......................................................................................................SB 63 Child support; dependent child; definition.....................................................................HB 556 Child support; enforcement; amend provisions..............................................................HB 139 Child support; limitation on action .................................................................................HB 563 Child support; noncustodial parent; amend provisions.................................................SB 212 Cruelty to children; admissibility of certain testimony.................................................SB 153 Cruelty to children; offense of reckless abandonment....................................................HB 29 Divorce; mediation proceedings.........................................................................................SB 181 Employees Retirement; domestic relations orders; requirements...............................HB 302 Evidence; child's statement on sexual conduct and abuse...........................................HB 366

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2556

INDEX

DOMESTIC RELATIONS (Continued) Evidence; child's statement on sexual conduct and abuse...........................................HB 397 Family violence centers; county and municipal funds; grants.....................................HB 469 House Abandonment of Infants Study Committee; create............................................HR 68 Interference with custody; define offense.......................................................................HB 633 Marriage license; fees for family violence shelters........................................................HB 196 Marriage license; waiting periods; amend provisions....................................................HB 463 Marriage; persons performing ceremonies .......................................................................SB 197 Paternal Rights Act; enact ................................................................................................HB 543 Paternity; payment of certain fees; amend provisions..................................................HB 353 Probate courts; retired judges perform marriage ceremonies......................................HB 339 Sexual offenses against children; age provisions..............................................................HB 27
DONAGHADEE MALE VOICE CHOIR; commend.................................................HR 540
DOOLEY, VINCE; University of Georgia Athletic Director; commend.....................HR 361
DOUGHERTY COUNTY Albany-Dougherty County Commission on Disadvantaged Youth; create ................HR 503 Board of education; transfer students...........................................................................HB 1019 Invite Representatives to appear before the House......................................................HR 121 Joint County-Municipal Board of Registration and Elections; membership...................................................................................................HB 526
DOUGLAS COUNTY Convey property to United States Army Corps of Engineers......................................SR 164 Douglasville-Douglas County Water and Sewer Authority; board of directors; members .........................................................................................HB 652
DOUGLASVILLE, CITY OF; Douglasville-Douglas County Water and Sewer Authority; board of directors; membership ........................................................HB 652
DOWNING, MELINDA;commend...................................................................................HR 50
DRAYDOWSKI, JAMES; commend..............................................................................HR 439
DRIVER'S LICENSE Abstract of record; certain employment...........................................................................HB 40 Alcoholic beverages; open containers while driving; prohibitions...............................HB 537 Chemical tests; serious traffic accident............................................................................SB 347 Commercial driver's license; provide...............................................................................HB 130 Delay issuance to certain minors......................................................................................HB 666 Deposit in lieu of bail; certain cases................................................................................HB 590 Driving under the influence; probationary driver's license; amend provisions..............................................................................................HB 663 Handicapped identification card; issuance.....................................................................HB 601 House Drivers' Licensing Study Committee; create......................................................HR 243 Juveniles; suspension for certain acts.................................................................................SB 68 Motor vehicle insurance; cancellation; notice to Public Safety Department; restricted driving permit..............................................................HB 99 Motor vehicle insurance; proof; amend provisions.........................................................SB 199 Persons holding Class 1 permits; certain restrictions...................................................HB 402 Probation; ignition interlock device; installation............................................................SB 123 Revocation for certain offenses; points...........................................................................HB 146 Suspension; certain plea and payment of fine...............................................................HB 185 Suspension; defensive driving course; requirement.......................................................HB 916 Suspension; defensive driving course; requirement.....................................................HB 1031 Suspension; failure to assist in accidents.........................................................................SB 195 Suspension; notification by certified mail........................................................................HB 20 Suspension; notify Public Safety Department................................................................SB 248

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2557

DRIVER'S LICENSE (Continued) Suspension; reckless driving; penalty ...............................................................................SB 200 Voter registration; driver's license examiners................................................................HB 227 Voter registration; driver's license examiners ................................................................HB 242
DRIVING UNDER THE INFLUENCE All-terrain vehicles; regulation..........................................................................................HB 682 Chemical tests; serious traffic accident............................................................................SB 347 Driver's license; delay issuance to certain minors.........................................................HB 666 Driver's license; juveniles; suspension for certain acts....................................................SB 68 Driver's license; suspension; certain plea and payment of fine...................................HB 185 Driver's license; suspension; defensive driving course; requirement ..........................HB 916 Probationary driver's license; amend provisions............................................................HB 663 Probation; ignition interlock device; installation............................................................SB 123 Second conviction; insurance coverage..............................................................................HB 37 Seizure of vehicle; certain violations ...............................................................................HB 507 Serious injury by vehicle; criminal offense.......................................................................HB 64
DRUGS AND DRUG DEPENDENCY AND ABUSE
AIDS; certain persons; disclosure of confidential information....................................HB 842 Aircraft; operation while under the influence; prohibitions ........................................HB 265 All-terrain vehicles; regulation..........................................................................................HB 682 Buildings; repair or close where drug crimes are committed ......................................HB 810 Commercial driver's license; provide...............................................................................HB 130 Controlled substances; amend list......................................................................................HB 69 Controlled substances; proceeds from forfeitures..........................................................HB 383 Controlled substances; sales to minors; penalty............................................................HB 793 Dangerous drugs; steroids; distribution.............................................................................HB 71 Driver's license; suspension; defensive driving course; requirement..........................HB 916 Driver's license; suspension; defensive driving course; requirement........................HB 1031 Driver's license; suspension for juveniles; certain acts....................................................SB 68 Driving under the influence; probationary driver's
license; amend provisions..............................................................................................HB 663 Driving under the influence; seizure of vehicle; certain violations.............................HB 507 Drug Abuse and Drug Trafficking Study Committee; create......................................HR 365 Drug offenses; additional penalty assessments..............................................................HB 651 Drug trafficking; penalty.....................................................................................................HB 30 Drug trafficking; school property; separate offense .......................................................SB 204 Drug-related crime; additional penalty - CA.................................................................HR 220 Evidence; competency of witness......................................................................................SB 216 Generic drugs; certain wording on prescription forms; requirements ........................HB 709 Generic drugs; refill provisions.........................................................................................HB 708 House Catering Business Study Committee; create......................................................HR 244 Juvenile proceedings; drug trafficking; felony................................................................HB 355 Medicaid Prescription Drug Bidding and Rebate Program; establish.........................HB 70 Medical Assistance; drug bidding programs and rebates.............................................HB 577 Medical Assistance; urge control of drug expenditures................................................HR 196 National Guard assist in fight against drugs...................................................................HR 71 Motor vehicles; chemical tests; serious traffic accident.................................................SB 347 Peace Officers' Annuity and Benefit Fund; narcotics
agents; eligibility.............................................................................................................HB 706 Pharmacies operated by college of pharmacy; special permits .....................................HB 58 Pharmacy; dispensing drugs; amend provisions.............................................................HB 209 Probation; ignition interlock device; installation............................................................SB 123 Sales tax; increase rate; food and drugs; exemption .....................................................HB 416 Sales to minors; penalty....................................................................................................HB 349 Special investigative grand juries; drug trafficking;
jurisdiction - CA...............................................................................................................HR 36

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2558

INDEX

DRUGS AND DRUG DEPENDENCY AND ABUSE (Continued) State contracts; drug-free workplace for employees..........................................................HB 9 Superior court judges; bailable offenses; controlled substances..................................HB 268 Teachers and school bus drivers; abuses; students; electronic devices; prohibitions.....................................................................................HB 166 Torts; intoxicated persons; liability for acts...................................................................HB 546 Trafficking; minors; penalty..............................................................................................HB 520 Wholesale fish dealers; fees for nonresidents.................................................................HB 672 Workers' Compensation; certain pharmacy services; requirements............................HB 686
DUDLEY, BRENDA BARNETT; condolences...........................................................HR 293
DUGAL, DR. JAMES; commend.....................................................................................HR 201
DUNCAN, FRANCES S.; commend...............................................................................HR 418
DUTTON, HOPE; commend ...............................................................................................HR 44
DYKES, EVERETT FLO YD; condolences...................................................................HR 483

E

EAST DUBLIN, TOWN OF; mayor; powers................................................................HB 830
EAST SIDE ELEMENTARY SCHOOL; commend..................................................HR 379
EASTERN JUDICIAL CIRCUIT; add judge.............................................................HB 306
ECONOMY Commission on Economy and Efficiency in State Government; create .....................SR 140 Georgia Competitive Practices Act of 1989; enact........................................................HB 735 Seed Capital Fund; create .................................................................................................HB 151
EDUCATION Accurate census of population in 1990; urge Education Department........................HR 534 Ad valorem tax; other sources of revenue - CA.............................................................HR 167 Ad valorem tax; preparation of digests...........................................................................HB 421 Ad valorem tax; reduce mill limitation - CA.................................................................HR 111 Athletic contract; termination of college eligibility; notification...................................SB 43 Boards of education; election and number - CA.............................................................HR 23 Boards of education; election; single-member districts - CA.......................................HR 163 Boards of education; membership; eligibility..................................................................SB 345 Bond indebtedness without referendum..........................................................................SR 122 Certain retired personnel; employment eligibility for Education Department ............................................................................................HB 863 Children and youth; custody of Human Resources; services........................................SB 350 Colleges and universities; student incentive grants.......................................................HB 417 County officials; filing of certain affidavits and affirmations .....................................HB 407 Development authorities; colleges; certain facilities used by athletic association ...........................................................................................SB 369 Disciplinary hearings; open meeting and records provisions........................................SB 368 Driver education course; remove from list for enrollment counts..............................HB 152 Drug trafficking; school property; separate offense.......................................................SB 204 Education Trust Act; create..............................................................................................HB 244 Employment security; educational institutions; benefits .............................................HB 569 Employment security; full-time cafeteria workers.........................................................HB 385
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2559

EDUCATION (Continued) Equalized Adjusted School Property Tax Digest Study Committee; create................................................................................................SR 152 Financing and Investment Commission; capital appreciation bonds; higher education..........................................................................HB 457 Foreign Language Assistance Act; urge United States Congress support............................................................................................................HR 410 Georgia Education Trust; create......................................................................................HB 819 Health; hypertension screening..........................................................................................HB 36 Health insurance plans; sovereign immunity; limited waiver......................................HB 279 Health insurance; retired public school teachers; benefits...........................................HB 606 Hiring practices; discrimination..........................................................................................SR 52 House Discipline in Schools Study Committee; create...................................................HR 92 House Postsecondary Vocational Education Laboratory, Equipment and Library Research Needs Study Committee; create ......................HR 275 House Study Committee on School District Enrollment Options Program; create................................................................................................HR 108 Income tax; advance tuition payments; deduction........................................................HB 818 Income tax; advance tuition payments; deductions......................................................HB 232
Insurance and Education Reinvestment Act for Aid to Families with Dependent Children ....................................................................SB 13
Joint Georgia Military College Study Committee; create...............................................SR 99 Joint Study Committee on Public School Freedom of
Choice; create.....................................................................................................................SR 92 Loans; definition; privately sponsored loans................................................................HB 1028 Local boards of education; establish sick leave pools...................................................HB 370 Local boards of education; establish sick leave pools....................................................SB 147 Local boards of education; filling vacancies...................................................................HB 704 Local boards of education; group medical and dental insurance................................HB 440 Local boards of education; vary length of school year;
repeal certain provisions................................................................................................HB 951 Local governments; election from single-member district..............................................HB 79 Local school boards; other sources of revenue - CA.......................................................HR 72 Local schools; average daily attendance; repeal provision............................................SB 240 Macon College; convert to four-year college ..................................................................HR 408 Medical insurance; athletic event; student coverage...................................................HB 1109 Mentally retarded persons; community service; amend provisions............................HB 894 Middle Georgia College; convert to four year college...................................................HR 445 Municipalities; certain annexation; county approval....................................................HB 465 Personnel; development programs; stipends ..................................................................HB 553 Personnel; employment contracts ....................................................................................HB 548 Personnel; minimum salaries ............................................................................................HB 547 Postsecondary Education Authorization Act; additional exemption..........................HB 697 Postsecondary Vocational Educational Board; change
reference to Department of Technical and Adult Education ..................................HB 628 Prisoners; certain requirements; educational instruction.............................................HB 386 Private schools; certificates of authorization...................................................................SB 113 Proprietary School Act; provisions relating to State
Board of Education........................................................................................................HB 654 Public school employees; health insurance; definitions................................................HB 608 Quality Basic Education; adjustments; middle school grants......................................HB 449
Quality Basic Education; direct instructional costs; funding......................................HB 629
Quality Basic Education; guidance counselors; salaries...................................................SB 93
Quality Basic Education; instructional programs; student counts..............................HB 396
Quality Basic Education; isolated schools grants; continuation..................................HB 415
Quality Basic Education; length of school year; amend certain provisions...............................................................................................HB 325

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2560

INDEX

EDUCATION (Continued) Quality Basic Education; school readiness assessment; uniform state wide..........................................................................................................HB 731 Quality Basic Education; transportation costs; distance requirements....................................................................................................HB 398 School bus drivers; employment change; transfer unused sick leave.........................HB 337 School bus drivers; minimum salary................................................................................HB 850 School bus; change definition...........................................................................................HB 592 School bus; light requirements ..........................................................................................SB 213 School-crossing guards; citations........................................................................................HB 39 School-crossing guards; traffic regulation.......................................................................HB 128 School disciplinary hearings; open meeting provisions.................................................HB 838 School readiness assessment; eliminate.............................................................................HB 22 School social workers; employment.................................................................................HB 657 School social workers; employment.................................................................................HB 677 Schools; compulsory attendance; age for enrollment....................................................HB 149 Schools; electronic communication devices; prohibitions................................................SB 14 Schools; hiring practices; investigation ...........................................................................HR 221 Schools; student attend where parent teaches...............................................................HB 321 Schools; use of tobacco on premises; prohibitions.........................................................HB 975 Special county sales tax; educational purposes - CA......................................................HR 95 Special county sales tax; educational purposes - CA....................................................HR 168 Special one percent sales tax; educational purposes - CA...........................................HR 227 State Board of Education and Technical and Adult Education; liaison committees......................................................................................HR 312 State Board of Education; membership; qualifications.................................................SB 311 State Board of Education; public hearings.....................................................................HB 221 State contracts; approval by Board of Technical and Adult Education; certain exemption....................................................................HB 427 State employees; attend certain colleges without payment of tuition.......................HR 386 State lottery; disposition of proceeds - CA......................................................................HR 11 State lottery; hospital care for indigents and educational purposes; proceeds - CA..................................................................................................HR 69 State lottery; provide - CA ..................................................................................................SR 30 State officials; election by plurality - CA.........................................................................HR 24 State publications; librarians; revise provisions.............................................................HB 587 State School Superintendent; hold office no more than two terms - CA......................................................................................................HR 239 State School Superintendent; membership; Criminal Justice Coordinating Council.........................................................................................SB 101 State-wide uniform annual evaluation; date ..................................................................HB 954 Student Finance Commission; commissioners' compensation.....................................HB 161 Student incentive grants; maximum awards..................................................................HB 160 Students; suspension; notify law enforcement...............................................................HB 667 Teachers; accumulated sick leave; limitation.................................................................HB 179
Teachers and certificated employees; certain employment continuation; compensation.........................................................................................HB 1054
Teachers and public school employees; flexible benefit plan......................................HB 452 Teachers; assessments; amend provisions.......................................................................HB 766 Teachers; credit for service in certain local system ......................................................HB 156 Teachers; leave school when closed; certain circumstances.......................................HB 1037 Teachers; midterm adjustments; training and experience.........................................HB 1077 Teachers; on-the-job performance test; exemption.......................................................HB 375 Teachers or school bus drivers; insulting or abusing;
students having electronic devices; prohibitions........................................................HB 166 Teachers; religious holidays shall not be charged against sick leave .......................HB 1051 Teachers; resignation, termination, suspension or
demotion; notification....................................................................................................HB 564

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2561

EDUCATION (Continued) Teachers; transfer employment; Central State Hospital; salary adjustment............................................................................................................HB 917 Technical and Adult Education Department; certain federal funds; authorization..........................................................................................HB 584 Technical and Adult Education, State Board; staggered terms..................................HB 428 University System; charitable organizations; payroll deductions................................HB 159 University System; free tuition for faculty children.......................................................HR 34 University System Laboratory, Equipment, Rehabilitation, and Eminent Scholars Endowment Study Committee; create..................................HR 17
EDWARDS, HALLIE WARD; congratulate.................................................................HR 268
EFFINGHAM COUNTY Grant easement......................................................................................................................SR 67 Judge and solicitor; salary.................................................................................................HB 767
ELBERT COUNTY Board of commissioners; compensation...........................................................................HB 685 Richard B. Russell Development Authority; create......................................................HB 893
ELDERLY Housing; residential care for elderly and mentally disabled ..........................................SB 51 Income tax; credit for certain persons.............................................................................HB 636 Income tax exemption; certain retirement income........................................................HB 471 Income tax exemption; certain widows and widowers..................................................HB 133 Insurance; direct response advertising; unfair practices...............................................HB 183 Life insurance; provision for long term care rider.........................................................HB 206 Living wills; witnesses required..........................................................................................HB 76 Medicaid Prescription Drug Bidding and Rebate Program...........................................HB 70 Medicaid Prescription Drug Bidding and Rebate Program;.........................................SB 268 Medicare supplement insurance; unfair practices..........................................................SB 234 Nursing homes; receiverships; certain violations...............................................................HB 3 Public assistance; overpayment; recovery.......................................................................HB 716 Residential housing; accessibility;....................................................................................HR 323 Supplemental appropriations; medical assistance...........................................................HB 98 Tax relief - CA....................................................................................................................HR 238 Voting; seating arrangements ............................................................................................SB 177
ELECTIONS Absentee ballot; certain persons make application for elector.........................................SB 8 Amend Code.........................................................................................................................SB 165 Biennial training of certain officials..................................................................................HB 60 Blind persons; oath requirements....................................................................................HB 254 Campaign contributions; certain prohibitions..................................................................HB 18 Campaign contributions; expenditures; certain candidates..........................................HB 491 Campaign contributions; Insurance Commissioner; prohibitions..................................HB 52 Campaign contributions; Insurance Commissioner; prohibitions................................HB 286 Campaign contributions; Insurance Commissioner; prohibitions...................................SB 30 Campaign contributions; personal use; delete certain provisions...............................HB 468 Campaign contributions; Public Service Commission.....................................................HB 65 Candidates; certain contributions; separate reporting.....................................................SB 45 Candidates; qualifying lists; prohibitions........................................................................HB 239 Certain write-in candidates...............................................................................................HB 408 Challenge qualifications of candidates............................................................................HB 234 Chief deputy registrars; exemption from certain restrictions......................................HB 346 Code revisions........................................................................................................................HB 91 Corrections to federal law citations...................................................................................HB 66 County officials; nonpartisan primaries; repeal provisions........................................HB 1132

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2562

INDEX

ELECTIONS (Continued) Deputy registrars; residency requirements.......................................................................HB 61 Deputy registrars; residency requirements.......................................................................HB 63 Disclosure; amend provisions............................................................................................HB 405 Election from single-member district................................................................................HB 79 Election or nomination by plurality..................................................................................HB 88 Electors, aged 75 or handicapped; polling places, certain prohibitions......................................................................................................................HB 403 Electors; proper identification for registration ..............................................................HB 404 Governor and Lieutenant Governor; one six-year term - CA......................................HR 372 Governor; qualifications for election; certain prohibitions.........................................HB 1101 Jurors; change method for composing jury lists ............................................................HB 591 Moral turpitude conviction; prohibit holding state office - CA....................................HR 32 Municipalities; officers' terms; General Assembly authorization................................HB 113 Petitions shall consist of cards with only one signature ..............................................HB 351 Public Officers Recall Act of 1989; enact.........................................................................HB 73 Public officials; certain crimes; ineligibility to hold office - CA..................................SR 116 Public officials; financial disclosure; filing......................................................................SB 351 Public officials; recall provisions.........................................................................................SB 37 Public officials; residency requirements; counties and municipalities.......................HB 401 Registrars and chief registrar; compensation...............................................................HB 1131 Registrars issue new cards.................................................................................................HB 400 Selection of poll managers.................................................................................................HB 618 State government; use of great seal; prohibitions .........................................................HB 529 State officials and employees; political activities...............................................................SB 6 State School Superintendent; hold office no more than two terms - CA ......................................................................................................HR 239 Superintendents and registrars; training ..........................................................................HB 62 Superior and state courts; vacancies; special election - CA.........................................HR 161 Time for filing a petition........................................................................................................SB 5 Vacate office when qualifying for another - CA...............................................................SR 42 Voter registration cards; certain information...................................................................HB 72 Voter registration; driver's license examiners................................................................HB 227 Voter registration; driver's license examiners ................................................................HB 242 Voting; booth for handicapped persons; designation.....................................................SB 178 Voting; seating arrangements for handicapped and elderly .........................................SB 177 Write-in ballots; counted at tabulating centers...............................................................HB 59
ELECTRICAL SERVICE Contractors; examination requirements; licensure ........................................................HB 344 Electric membership corporation; service charge for dormant account.....................HB 456 Public Service Commission; utilities engaging in least cost planning; authorization................................................................................HB 684 Public Service Commission; utilities pay special fees for operating costs..................................................................................................HB 675 Relocation assistance; persons displaced by federal-aid projects.........................................................................................................HB 414 Sales tax; food, residential phone, electrical and gas service; exemption..............................................................................................HB 84 Utility Finance Section of Public Service Commission; abolish.............................................................................................................................HB 1125 Various Electric Membership Cooperatives; commend................................................HR 303
ELEVATORS AND ESCALATORS; certain buildings; exemption........................HB 136
ELLIOTT, BILL AND THE ELLIOTT FAMILY; commend ...............................HR 425
ELLIS, MAYOR DOUGLAS T.; commend..................................................................HR 454

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2563

ELROD, STEVE; compensation........................................................................................^ 226
EMANUEL COUNTY; Development Authority; exemptions.....................................HB 347
EMERGENCIES AND EMERGENCY SERVICES Ambulance; medical technicians; number required; certain counties...............................................................................................................HB 604 DeKalb County Police Emergency Services Unit; commend.......................................HR 159 Emergency Medical services personnel; responsibility..................................................SB 320 Fire Department Grant Fund; create............................................................................HB 1089 Fire Department Revolving Loan Fund; create...........................................................HB 1083 Firefighters and Emergency Medical Technicians; voluntary vaccinations ......................................................................................................................SB 313 State patrol; close highways in emergency situations...................................................HB 329
EMINENT DOMAIN Maintenance of condemned property............................................................................HB 1050 Relocation assistance; persons displaced by federal-aid projects................................HB 414
EMPLOYEES OF LEGISLATIVE OFFICE BUILDING; commend .................HR 435
EMPLOYEES' RETIREMENT SYSTEM (See Retirement and Pensions or State Employees)
EMPLOYMENT Agricultural facility; amend definition............................................................................HB 692 Driver's license; abstract of record; certain employment...............................................HB 40 Employment security; educational institutions; benefits .............................................HB 569 Employment security; full-time cafeteria workers.........................................................HB 385 Employment security; include Georgia Federal-State Shipping Point Inspection Service employees ...........................................................HB 540 Employment security; payments made during temporary layoff................................HB 368 Employment security; special cases; computation date................................................HB 581 Fair Employment Practices Act of 1989; enact..............................................................SB 232 Fair employment practices; status reports; requirements............................................HB 292 Family and medical leave policies of employers; Industrial Relations Committee to study...................................................................HR 318 Governor's Employment and Training Council; provide..............................................HB 568 Income tax; corporations; certain tax credits.................................................................HB 532 Labor Department; supplemental appropriation...........................................................HB 214 Occupational disease; disablement claim; time for filing...........................................HB 1036 Occupational disease; repeal reduction of certain compensation..............................HB 1052 Public Employees Relations Commission; create..........................................................HB 862 State contracts; drug-free workplace for employees..........................................................HB 9 Workers' compensation; appeal procedures....................................................................HB 274 Workers' compensation; assessment for rehabilitation; certain time......................................................................................................................HB 891 Workers' compensation; certain pharmacy services; requirements....................................................................................................................HB 686 Workers' compensation; definitions; directors emeritus; appointment......................HB 989 Workers' compensation; employees' rights; prohibit penalty......................................HB 777 Workers' compensation; recovery against third party tort-feasors.............................HB 319 Workers' compensation; securities deposit or surety bond..........................................HB 367 Workers' compensation; selection of physician; authorization....................................HB 359 Workers' compensation; subrogation rights of injured employee ...............................HB 641
ENGINEERS AND LAND SURVEYORS; county surveyor; appointment..........HB 288
ENGLAND, CHARLES W.; compensation....................................................................HR 218

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2564

INDEX

ENVIRONMENTAL PROTECTION (Also, see Conservation and Natural Resources or Hazardous Substances) Air Quality Control Act; requirements for permit........................................................HB 933 Contaminants; construction of certain facilities; permit..............................................HB 700 Counties and municipalities; solid waste disposal contracts; bids..................................................................................................................SB 237 Counties; solid waste disposal site; permit.....................................................................HB 102 Environmental Facilities Authority; assist in disposing of solid waste......................................................................................................................SB 83 Environmental Policy Act; enact......................................................................................HB 949 Hazardous Waste permits; refusal by county or municipality......................................HB 75 Mountain Protection Act; enact............................................................................................SB 1 Pollution; House Natural Resources and Environmental Committee to study........................................................................................................HR 367 Petroleum products; underground storage; amend provisions.....................................HB 155 Sanitarians and environmental health specialists; regulation .....................................HB 135 Sanitary landfill operators; certification............................................................................SB 70 Soil and Water Conservation Committee; rule-making process.....................................SB 84 Solid Waste Planning, Recycling and Reduction Act; enact.......................................HB 521
EPPS, WILLIAM D. (DOUG); commend.....................................................................HR 497
EQUAL RIGHTS Education; hiring practices..................................................................................................SR 52 Fair Employment Practices Act of 1989; enact..............................................................SB 232 Hospitals; staff privileges; prohibit discrimination........................................................SB 333 House Disparity in Sentencing and Sentencing Reform Study Committee; create.................................................................................................HR 70 Housing; discrimination; revise prohibitions................................................................HB 1117 Schools; hiring practices; investigation ...........................................................................HR 221 State government; women and minorities; participation in contracts .......................HB 103
ESTATES Administrator; certain powers..........................................................................................HB 357 Decedent's residence and court jurisdiction...................................................................HB 157 Georgia Transfers to Minors Act; enact..........................................................................HB 256 Probate court; trustees' appointment or resignation; jurisdiction..............................HB 259 Property; title transfers; registration...............................................................................HB 210 Temporary administrator for deceased person..............................................................HB 147 Year's support; certain property set apart.....................................................................HB 460
EVANS, DARRYL E.; commend.....................................................................................HR 298
EVIDENCE AIDS; certain persons; disclosure of confidential information....................................HB 842 Appeals; transcript requirement; extension of time........................................................HB 34 Child abuse; testimony of certain children.....................................................................HB 711 Child's statement on sexual conduct and abuse............................................................HB 366 Child's testimony on sexual conduct and abuse............................................................HB 397 Civil actions; written request for admission...................................................................HB 354 Competency of witness .......................................................................................................SB 216 Cruelty to children; admissibility of certain testimony.................................................SB 153 Defendant furnish list of witnesses to District Attorney .............................................HB 180 Defendants' testimony; impeachment ..............................................................................SB 217 DNA profile; requirement.................................................................................................HB 137 Expert witnesses; medical malpractice; actions...........................................................HB 1135 Joint Evidence Study Committee; create .......................................................................HR 317 Judgments; certain motions; appealability.....................................................................HB 589 Prosecution for rape...........................................................................................................HB 229

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INDEX

2565

EVIDENCE (Continued) Records obtained from Public Safety Department.......................................................HB 380 Witnesses; competency and credibility............................................................................HB 310 Witnesses; competency of child; amend provisions.......................................................HB 218 Witness fees; law enforcement personnel........................................................................HB 260 Witness fees; law enforcement personnel ........................................................................SB 103
EXAMINING BOARDS (See Licenses or Professions and Businesses)
EXCISE TAX Cigarettes.............................................................................................................................HB 233 Cigarettes.............................................................................................................................HB 691 Cigars and cigarettes..........................................................................................................HB 480 Distilled spirits....................................................................................................................HB 479 Distilled spirits, beer and wine.........................................................................................HB 690 Distilled spirits; stamps ...................................................................................................HB 1121 Hotel-motel tax; increase; use of proceeds .........................................................................HB 1 Hotel-motel tax; rate..........................................................................................................HB 770 Malt beverages ....................................................................................................................HB 477 Motor fuels; amount ...........................................................................................................HB 14 Wine......................................................................................................................................HB 478
EXECUTIONS & JUDICIAL SALES Disposition of unclaimed property; time period............................................................HB 487 Foreclosure; notice of right to redeem ............................................................................HB 123 Prepayment costs; requirements......................................................................................HB 935
EXTRADITION; magistrate courts; jurisdiction ............................................................SB 139

FALANGA, MICHAELLE ELIZABETH; commend ................................................HR 400
FALLS, THOMAS E.; commend......................................................................................HR 414
FAMBRO, SHIRLEY; condolences .................................................................................HR 262
FAMILY (Also, see Domestic Relations) At-risk children and youth; establish certain goals........................................................SB 374 Business license; marriage and family therapist; exemption.......................................HB 194 Children and youth; family day-care home; definition.................................................HB 938 Children and youth; services for disturbed children.....................................................HB 560 Child welfare agencies and certain day-care centers; licensing...................................HB 114 Counselors, Social Workers, Marriage and Family Therapists; supervisors ..................................................................................................HB 635 Employees' Retirement; family and children services; creditable service ............................................................................................................HB 596 Employees' Retirement; family and children services; creditable service ............................................................................................................HB 539 Family and medical leave policies of employers; committee to study.......................HR 318 Family controlled corporations; voting shares ..................................................................SB 19 Family violence centers; county and municipal funds; grants.....................................HB 469 Human Resources; child welfare services and services to courts...........................................................................................................................HB 390 Marriage license; fees for family violence shelters........................................................HB 196
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2566

INDEX

FAMILY (Also, see Domestic Relations) (Continued) Paternal Rights Act; enact................................................................................................HB 543 Professional Counselors, Social Workers and Marriage and Family Therapists; termination of Board............................................................SB 294
PARLEY, WILLIAM F.; invite to House.......................................................................HR 394
FARMER, ROBERT E.; commend..................................................................................HR 251
FARMS AND FARM PRODUCTS Agricultural facility; amend definition............................................................................HB 692 Emerging Crops Fund; provisions..................................................................................HB 1105 Emerging crops loan fund; appropriate - CA.................................................................HR 466 Farm Conservation and Water Protection Act of 1988; urge Congress to delay reintroduction ........................................................................HR 171 Georgia Agricultural Commodities Promotion Act; enact............................................HB 745 Georgia Farm Bureau Day; February 1, 1989................................................................HR 170 Income tax; credit for certain homesteads or farms.....................................................HB 717 Pesticide contamination cases; remove liability limitation............................................HB 11
FARRIS, JOE, JR.; commend...........................................................................................HR 210
FASSNACHT, JO; commend ............................................................................................HR 542
FAYETTE COUNTY Probate court; judge's compensation.............................................................................HB 1041 Sheriff; compensation.......................................................................................................HB 1044 Superior court clerk; compensation...............................................................................HB 1042 Tax commissioners; compensation.................................................................................HB 1043
FEDERAL GOVERNMENT Balanced budget; urge amendment to United States Constitution; rescind request for Constitutional Convention..........................................................HR 122 Elections; corrections to federal law citations..................................................................HB 66 Employment Security; include Georgia Federal-State Shipping Point Inspection Service employees ...........................................................HB 540 Farm Conservation and Water Protection Act of 1988; urge Congress to delay reintroduction ........................................................................HR 171 Foreign Language Assistance Act; urge United States Congress support............................................................................................................HR 410 Insurance; security deposits..............................................................................................HB 510 Motor fuel tax; urge Congressional Delegation to oppose............................................HR 112 Public Revenue Code; reference date; Federal tax code..............................................HB 483 Relocation assistance; persons displaced by federal-aid projects................................HB 414 Transportation trust funds; remove from federal budget; urging Congressional action.............................................................................SR 142 Vidalia onions; urge adoption of proposed federal marketing order..........................HR 172
FENDLEY, GLENDA; commend ....................................................................................HR 422
FENDLEY, MORRIS JACKSON; commend..............................................................HR 492
FIDUCIARIES Financial institutions; competitive practices; amend provisions..................................SB 150 Georgia Transfers to Minors Act; enact..........................................................................HB 256
FINANCIAL INSTITUTIONS Alcoholic beverages; retail dealer; prohibit check-cashing center.............................HB 1120 Bad checks; amend provisions...........................................................................................SB 188 Bad checks; lien on merchandise......................................................................................SB 186 Banking and Finance; amend Code provisions..............................................................HB 316

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INDEX

2567

FINANCIAL INSTITUTIONS (Continued) Check cashers; licensure ....................................................................................................HB 605 Competitive practices; amend provisions.........................................................................SB 150 Credit cards; certain information stated on statement...............................................HB 1090 Credit cards; fees for cash advances................................................................................HB 978 Credit union deposit insurance corporation; bylaws; procedures................................HB 315 Filing requirements.............................................................................................................SB 151 Georgia Transfers to Minors Act; enact..........................................................................HB 256 Investments of retirement funds in South African institutions....................................HB 82 Investments of state funds in South African institutions..............................................HB 80 Mortgage bankers and brokers; licensing......................................................................HB 1023 Mortgage bankers and brokers; licensing......................................................................HB 1104 Mortgages; closing services; predetermined fee schedule...........................................HB 1136 Public contracts; securities; certain payment in lieu of bond .....................................HB 679 Real estate loans; requirements........................................................................................HB 653
FIRE PROTECTION Blasting or excavating; notification; amend provisions ...............................................HB 833 Buildings; minimum standard codes; amend provisions..............................................HB 154 Farmers' mutual fire insurance companies; required assets........................................HB 484 Fire Department Grant Fund; create............................................................................HB 1089 Fire Department Revolving Loan Fund; create...........................................................HB 1083 Fire departments; emergency powers ..............................................................................HB 217 Fire departments; minimum requirements.....................................................................HB 620 Fire extinguishers; regulations..........................................................................................HB 313 Firefighters and Emergency Medical Technicians; voluntary vaccinations......................................................................................................................SB 313 Firefighters of Georgia; commend....................................................................................HR 125 Firefighters; special license plates....................................................................................HB 301 Firefighters; special license plates....................................................................................HB 544 Firefighter Standards and Training Council; written examination............................HB 369 Firemen's Pension Fund; disability benefits;.................................................................HB 143 Firemen's Pension Fund; exemption from certain requirement.................................HB 142 Firemen's Pension Fund; restrict certain membership..................................................SB 152 Fire safety; amend building standards and inspection provision ................................SB 261 Fire sprinklers; regulations................................................................................................HB 535 Pressure vessels; storage of liquid propane gas; requirements....................................HB 689 Special hazards; occupant load of churches ...................................................................HB 271
FIREARMS Dealers; ammunition to underage persons......................................................................HR 409 Dealers; information required of purchaser....................................................................HB 190 Handgun Roster Board; create.........................................................................................HB 189 Hunting; firearm or archery tackle; prohibitions...........................................................HB 494 National Rifle Association; support position....................................................................HR 86 Peace officers; possession; amend provisions.................................................................HB 593 Possession by certain persons..............................................................................................SB 20
FIREFIGHTERS OF GEORGIA; commend...............................................................,HR 125
FISH AND FISHING (Also, see Game and Fish) Aquaculture Development Commission; create..............................................................HB 420 Commercial fishing; limit number of fish baskets; certain lakes................................HB 134 Creel limits; opening and closing of salt waters .............................................................SB 105 Game and Fish Code; amend provisions.........................................................................HB 202 Game fish; definition..........................................................................................................HB 285 Public hunting or fishing areas, amend acts constituting trespass; dangerous dog, post sign................................................................................SB 106 Sales tax; exemption on fuel; commercial shrimpers....................................................HB 374

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2568

INDEX

FISH AND FISHING (Also, see Game and Fish) (Continued) Shellfish; regulate taking......................................................................................................SB 59 Sport trotlines; remove certain prohibitions ................................................................HB 1100 Taxidermy Examiners, State Board; create....................................................................HB 453 Wholesale fish dealers; fees for nonresidents.................................................................HB 672
FITZGERALD, CITY OF; mayor; election and terms.................................................HB 993
FLAGS; state flag; change design.........................................................................................HB 24
FLATHMANN, MR AND MRS. CARL A., SR; commend.....................................HR 478
FLEMING, CHARLIE; commend...................................................................................HR 211
FLETCHER, HONORABLE HAROLD; commend ...................................................HR 247
FLOY FARR PARKWAY Designate..............................................................................................................................HR 105 Designate.................................................................................................................................SR 36
FLOYD COUNTY Juvenile Court; duties and salaries...................................................................................SB 349 Rome-Floyd County Commission on Children and Youth; create..............................HB 789
FOLKSTON, CITY OF; corporate limits .......................................................................HB 820
FOLSOM, BRAD; commend .............................................................................................HR 439
FOOD Agriculture Department; inspection warrants.................................................................SB 116 Food Sales Income Tax Credit Act of 1989; enact.........................................................HB 714 Georgia Plant Food Act of 1989; enact...........................................................................HB 749 Meat inspection; certain facilities and establishments..................................................SB 117 Misleading advertisements; change provisions...............................................................HB 195 Rabbits; slaughtering and processing; exceptions...........................................................SB 119 Sales tax exemption..............................................................................................................HB 78 Sales tax exemption..............................................................................................................HB 84 Sales tax exemption............................................................................................................HB 416
FORECLOSURE Fraud; change code reference .............................................................................................HB 92 Tax sales; notice of right to redeem................................................................................HB 123
FOREIGN GOVERNMENTS Foreign Language Assistance Act; urge U. S. Congress support.................................HR 410 Investments of retirement funds in South African institutions....................................HB 82 Investments of state funds in South African institutions..............................................HB 80 Joint Session; message from Juan Antonio Samaranch, President, International Olympic Committee............................................................HR 192 Lin, C. L. and Wang, Yung Ching; Nan Ya Plastics, Taiwan; welcome.............................................................................................................HR 463 Sales tax; export; clarification of exemption..................................................................HB 594 Soviet Jews and Christians; support "glasnost" and emigration................................HR 514
FORESTS AND PLANT RESOURCES Ad valorem tax; agricultural, horticultural or forest land - CA....................................HR 15 Aquaculture Development Commission; create..............................................................HB 420 Christmas trees; relative to purchase by state agencies.................................................HR 21 Emerging Crops Fund; provisions..................................................................................HB 1105 Emerging crops loan fund; appropriate - CA.................................................................HR 466 Foresters; qualifications and requirements......................................................................SB 272 Income tax; timber sales; certain exemption..................................................................HB 939

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INDEX

2569

FORESTS AND PLANT RESOURCES (Continued) Income tax; timber sales; credit.......................................................................................HB 940 Pine straw; certificate of harvest; requirements...............................................................SB 88 Timberland; long-term capital gains; tax differential...................................................HR 349
FORSYTH COUNTY; chief magistrate; separate office ..............................................HB 992
FOSTER, JOHN LLOYD; commend..............................................................................HR 427
FRANCHISES Franchised Motor Vehicle Practices Study Committee; create...................................HR 189 Used car dealers; definition ...............................................................................................SB 214
FRANKLIN, CITY OF; Franklin-Heard County Water Authority; change name......................................................................................................................HB 1018
FRATERNAL ORDER OF CLAYTON COUNTY FIREFIGHTERS, INC.; commend ..............................................................................HR 458
FRAUD Foreclosure fraud; change code reference.........................................................................HB 92 Motor Vehicle Theft and Insurance Fraud Reporting Immunity Act; enact....................................................................................................HB 1111 Public housing; definition ....................................................................................................SB 52
FRAZIER, FRANCES; invite to House..........................................................................HR 169
FREE ENTERPRISE DAY; proclaim March 8, 1989..................................................SR 222
FULLER, G. DOUGLAS AND ALICE K.; compensate.............................................HR 76
FULTON COUNTY Annexation; Chattahoochee Plantation............................................................................SB 295 Atlanta; convey property....................................................................................................SR 126 Atlanta-Fulton County; convey property...........................................................................SR 64 Board of education; finances.............................................................................................HR 538 Board of elections and registration; create.....................................................................HB 837 Board of elections; repeal Act creating...........................................................................HB 836 Board of registration and elections; duties.....................................................................HB 809 Convey property....................................................................................................................SR 63 Homestead exemption; definition of disability..............................................................HB 778 Homestead exemption; elderly and disabled..................................................................HB 328 Homestead exemption; elderly; educational purposes..................................................HB 795 Hotel-motel tax; increase; use of proceeds.........................................................................HB 1 House Fulton County Study Commission; create..........................................................HR 319 Joint Fulton-DeKalb Hospital Authority Study Committee; create ............................HR 20 Municipal Gas Authority; location of office; amend provisions..................................HB 742 Rodent control; certain residencies...................................................................................SB 155 School Employees Pension System; board membership selection..............................HB 673 School Employees Pension System; membership of board..........................................HB 625 School Employees' Retirement Plan of 1990; create.....................................................HB 624 Superintendent of schools; election.................................................................................HB 911
FUNERAL DIRECTORS; Rules of the Road; funeral procession ............................HB 409
FUNSTON, CITY OF; mayor and council; terms.........................................................HB 856

G

GAINESVILLE, CITY OF; commissioners; election...................................................HB 558 Refer to numerical index for page numbers

2570

INDEX

GAMBLING Bingo; lottery prohibitions; exemption..............................................................................HR 13 Certain games; exception....................................................................................................SB 290 Joint State-wide Lottery Study Committee; create........................................................HR 29 Lottery; delete prohibitions - CA.......................................................................................HR 28 Lottery; nonprofit religious institutions............................................................................HB 26 Pari-mutuel wagering; counties; referendum..................................................................HB 447 Pari-mutuel wagering; provide by referendum - CA.....................................................HR 119 State lottery; hospital care for indigent and educational purposes; proceeds - CA..................................................................................................HR 69 State lottery; provide ...........................................................................................................HB 48 State lottery; provide - CA ..................................................................................................SR 30
GAME AND FISH Amend Code provisions.....................................................................................................HB 202 Baited areas; erect sign......................................................................................................HB 734 Commercial fishing; limit number of fish baskets; certain lakes................................HB 134 Fishing; creel limits; opening and closing of salt waters...............................................SB 105 Fishing; sport trotlines; remove certain prohibitions..................................................HB 1100 Game fish; definition..........................................................................................................HB 285 Hunting at night; prohibitions..........................................................................................HB 363 Hunting deer at night from boat or vehicle; amend provisions ..................................HB 987 Hunting; ducks, geese, or swans; waterfowl stamp; requirement..................................HB 56 Hunting; firearm or archery tackle; prohibitions...........................................................HB 494 Hunting; landowners to give preference to Georgia residents; urging.......................HR 289 Hunting licenses; field or retriever trials; exemption .....................................................HB 50 Hunting; suspension of privileges; negligence................................................................HB 361 Hunting; turkey gobblers; closing season........................................................................HB 424 Hunting while intoxicated; criminal provisions.............................................................HB 360 Public hunting or fishing areas, amend acts constituting trespass; dangerous dogs, post signs.............................................................................SB 106 Sales tax; exemption on fuel; commercial shrimpers................................... ................HB 374 Shellfish; regulate taking......................................................................................................SB 59 Taxidermy Examiners, State Board; create....................................................................HB 453 Wildlife; feeding certain animals; prohibitions..............................................................HB 264
GARNISHMENT Individual retirement accounts; certain exception......................................................HB 1098 Judges of Probate Courts Retirement Fund; amend provisions.................................HB 444
GARRETT, AMELIA W. "MILLIE"; commend.........................................................HR 173
GARRETT, JACK VERNON; commend.......................................................................HR 377
GARRETT, VIRGINIA; commend..................................................................................HR 392
GAS, GASOLINE AND GAS SERVICE Blasting or excavating; notification; amend provisions ................................................HB 833 Bonds; coverage for fuel stolen at service stations........................................................HB 517 Food, residential phone, electrical and gas service; sales tax exemption..........................................................................................................HB 84 Handicapped persons; self-service fuel; cost....................................................................HB 12 House Radon Gas Study Committee; create..................................................................HR 113 Municipal Gas Authority; location of office; amend provisions..................................HB 742 Petroleum products; underground storage; amend provisions.....................................HB 155 Pressure vessels; storage of liquid propane gas; requirements....................................HB 689 Public Service Commission; gas transmission and distribution facilities; powers........................................................................................HB 788

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INDEX

2571

GAS, GASOLINE AND GAS SERVICE (Continued) Public Service Commission; utilities engaging in least cost planning; authorization ................................................................................HB 684 Public Service Commission; utilities pay special fees for operating costs..................................................................................................HB 675 Radon Licensing Board; create.........................................................................................HB 170 Retail facilities; public restrooms.......................................................................................HB 87 Sales tax and second motor fuel tax; refund for diesel fuel purchases......................HB 423 Utility Finance Section of Public Service Commission; abolish...............................HB 1125
GENERAL ASSEMBLY Adjourn 1/13/89; reconvene 1/23/89....................................................................................HR 8 Adjourn 2/3/89; reconvene 2/6/89....................................................................................HR 219 Adjourn 2/10/89; reconvene 2/13/89................................................................................HR 267 Adjourn 2/16/89; reconvene 2/20/89................................................................................HR 278 Adjourn 2/24/89; reconvene 2/27/89.................................................................................SR 195 Adjourn 3/2/89; reconvene 3/6/89....................................................................................HR 395 Adjourn 3/8/89; reconvene 3/13/89..................................................................................HR 448 Adjourn 3/13/89; reconvene 3/15/89.................................................................................SR 265 Adjourn sine die; 3/15/89 6:45 P.M..................................................................................SR 275 Appropriations; amend FY 1988-89.................................................................................HB 118 Appropriations; automatic provision - CA......................................................................HR 465 Automatic adjournment on Fridays.................................................................................HB 876 Bills contingent upon appropriation; prohibitions - CA ..............................................HR 310 Campaign contributions; expenditures; certain candidates..........................................HB 491 Children and Youth Overview Committee; create.........................................................HB 958 Children and Youth Overview Committee; create..........................................................SB 355 Employees of Legislative Office Building; commend....................................................HR 435 Employees' Retirement; General Assembly members; survivors' benefits...........................................................................................................HB 754 Expense allowance for lodging..........................................................................................HB 877 Fiscal Affairs Subcommittee; continuing appropriations; reports ..............................HB 801 Fiscal Affairs Subcommittee; duties and functions.......................................................HB 627 Fiscal Affairs Subcommittee; membership..................................................................Page 1158 General Appropriations; FY 1989-90...............................................................................HB 145 Governor; qualifications for election; certain prohibitions.........................................HB 1101 House Strategic Planning Study Committee; create.....................................................HR 371 Joint Legislative Committee on Economy, Reorganization and Efficiency in State Government; create...................................................................SR 7 Joint Session; Governor's message.......................................................................................HR 5 Joint Session; Governor's message; invite Justices and Judges ......................................HR 6 Joint Session; message from Chief Justice of Supreme Court........................................HR 7 Joint Session; message from Juan Antonio Samaranch, President, International Olympic Committee............................................................HR 192 Legislative Retirement; allowance; amend provisions...................................................HB 198 Legislative Retirement; prior service.............................................................................HB 1114 Lobbying; certain state employees; prohibitions...........................................................HB 122 Lobbying; state agencies; registration..............................................................................HB 165 Lobbying; state officials; registration ...............................................................................SB 265 Local legislation; advertisement; authorization..............................................................HB 522 Municipalities; officers' terms; General Assembly authorization................................HB 113 Notify House; Senate has convened.....................................................................................SR 2 Notify the Governor the General Assembly has convened..............................................HR 2 Notify the Senate the House of Representatives has convened......................................HR 1 Open meetings - CA................................................................................................................SR 4 Planning and Budget, Office of; continuation budget report.......................................SB 326 Public records; certain staff services; disclosure requirements...................................HB 701 Public records; certain staff services; disclosure requirements....................................SB 297

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2572

INDEX

GENERAL ASSEMBLY (Continued) Special license plates; retired General Assembly members .........................................HB 384 Supplemental appropriations; FY ending 1989..............................................................HB 276 Supplemental appropriations; FY ending 1990..............................................................HB 253 Supplemental appropriations; FY ending 6/30/89.........................................................HB 873 Supplemental appropriations; increases employer contribution to state employees Health Insurance Fund................................................................HB 381
GEORGE WALTON ACADEMY BOYS BASKETBALL TEAM; commend...HR 491
GEORGIA BUILDING AUTHORITY; income tax return form; certain designation; assignment.....................................................................................................HB 792
GEORGIA CITIZENS FOR THE ARTS; commend...................................................HR 81
GEORGIA COLLEGE REPUBLICANS; commend..................................................HR 213
GEORGIA COUNCIL AND GEORGIA STATE GRAND ASSEMBLY; recognize...................................................................................................HR 415
GEORGIA COURT APPOINTED SPECIAL ADVOCATES (CASA); commend............................................................................................................HR 333
GEORGIA FARM BUREAU DAY; February 1, 1989...............................................HR 170
GEORGIA MILITARY COLLEGE; commend ...........................................................HR 153
GEORGIA OPTOMETRIC ASSOCIATION; commend..........................................HR 455
GEORGIA PARENT TEACHER ASSOCIATION; commend and invite President Georgianne Bearden to House...................................................................... HR 199
GEORGIA RECREATION AND PARK SOCIETY; commend ............................HR 223
GILLSVILLE, CITY OF; council; election....................................................................HB 571
GLOVER, DR. DENNIS FRED; commend..................................................................HR 498
GLYNN COUNTY Board of commissioners; expense allowance...................................................................HB 782 Magistrate court; fee to benefit law library....................................................................HB 729 State court judge; compensation......................................................................................HB 730
GODFREY, MYLES; commend .......................................................................................HR 484
GOFF, COACH RAY; invite to House ..............................................................................HR 33
GORDON, CITY OF; officer serve on Wilkinson County Board of Education.............................................................................................................SB 385
GORDON COLLEGE; convert to four-year college......................................................HR 296
GORE, JOHN R. (BOB), JR.; commend .......................................................................HR 426
GOVERNOR Communications......................................................................................................Pages 20, 1888 Joint Session; Governor's message.......................................................................................HR 5 Joint Session; Governor's message; invite Justices and Judges ......................................HR 6 Notify the Governor the General Assembly has convened..............................................HR 2 One six-year term - CA......................................................................................................HR 372 Planning and Budget, Office of; continuation budget report.......................................SB 326 Private Sector Survey Committee on Cost Control in State Government; create.........................................................................................HR 225 Publications; repeal certain requirements.......................................................................SB 299

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2573

GOVERNOR (Continued) Qualifications for election; certain prohibitions...........................................................HB 1101 State-wide planning and development; facilitate ..........................................................HB 215
GRANTS Colleges and universities; student incentive grants.......................................................HB 417 Family violence centers; county and municipal funds; grants....,................................HB 469 Fire Department Grant Fund; create............................................................................HB 1089 Quality Basic Education; isolated schools grants; continuation..................................HB 415 Student incentive grants; maximum awards..................................................................HB 160
GREEN, MARK AND HOLLY; congratulate..............................................................HR 357
GREEN, RUBYE R.; congratulate...................................................................................HR 420
GREENE COUNTY Chief magistrate; compensation .......................................................................................HB 658 Coroner's compensation.....................................................................................................HB 688
GREENE, GERTRUDE; commend .................................................................................HR 468
GREILING, GENE OF GREILING FARMS, INC.; commend..............................HR 437
GRIFFIN, MELISSA HOPE; invite to House..............................................................HR 193
GRISWELL, HONORABLE JAMES C. "CHARLEY"; commend .......................HR 460
GUARDIAN AND WARD Guardianship; certain actions by minors; bond requirements......................................SB 207 Guardianship; creation or termination; filing requirements........................................HB 257 Juvenile court; director of guardian ad litem; appointment........................................HB 595 Transfer jurisdiction of trust; judge's order...................................................................HB 733
GWINNETT COUNTY Board of commissioners; composition .............................................................................HB 881 Board of commissioners; contributions...........................................................................HB 289 Board of commissioners; create........................................................................................HB 287 Board of commissioners; expenses; disclosure.................................................................SB 387 Board of commissioners; urge certain action .................................................................HR 305 Board of Registrations and Elections; appointment.....................................................HB 883 Elected county surveyor; abolish......................................................................................HB 290 Government Study Commission; create..........................................................................HR 405 Grant easement; underground transmission line..............................................................SR 62 Gwinnett County Facilities Authority; repeal Act creating..........................................SB 201 Gwinnett County Recreation Authority; revenue bonds; authorization .....................SB 202 Historian; appointment.......................................................................................................SB 394 Juvenile court; judges' compensation............................................................................HB 1067 Medical examiner; establish office...................................................................................HB 561 Officials; compensation....................................................................................................HB 1068 Public defender; create office ............................................................................................SB 388 Recorder's court; judges' compensation ........................................................................HB 1064 State court; judges' compensation..................................................................................HB 1065
GWINNETT COUNTY CHAMBER OF COMMERCE; salute to General Assembly...............................................................................................................HR 271
GWINNETT JUDICIAL CIRCUIT; judges; supplement .......................................HB 1066
H

HABERSHAM COUNTY; state court judge; secretary; employment.......................HB 307 Refer to numerical index for page numbers

2574

INDEX

HALL COUNTY Board of commissioners; election...................................................................................HB 1000 State court; judge and solicitor; compensation...............................................................SB 266
HALLERMAN, PAUL; compensate..................................................................................HR 93
HAMBY, ROY EDGAR; commend.................................................................................HR 307
HAMMONDS, TOM; commend .......................................................................................HR 530
HANCOCK COUNTY; board of commissioners; compensation .................................HB 687
HANCOCK, FRANCES AND BOB; compensation....................................................HR 241
HANDICAPPED PERSONS Elections; blind persons; oath requirements..................................................................HB 254 Electric shock devices; prohibitions.................................................................................HB 249 Georgia Service Center for Hearing Impaired Persons; provide....................................SB 38 Handicapped parking; businesses; additional spaces ....................................................HB 261 Handicapped parking; designation....................................................................................SB 164 Hearing Aid Dealers and Dispensers; examination........................................................SB 343 Identification card; issuance .............................................................................................HB 601 Income tax; certain retirement income; exemption.......................................................HB 471 Insurance; direct response advertising; unfair practices...............................................HB 183 License plates; amend provisions.....................................................................................HB 131 License plates; free for certain veterans .........................................................................HB 572 Local governments; single-family residences; housing disabled persons..............................................................................................................HB 915 Multifamily dwellings; access............................................................................................HB 648 Parking fines; use of funds..............................................................................................HB 1116 Public facilities; accessibility; support efforts................................................................HR 500 Public facilities; barriers; funds for removal - CA........................................................HR 467 Residential housing; accessibility;....................................................................................HR 323 Self-service fuel; cost............................................................................................................HB 12 Telecommunication; hearing and speech impaired persons; service............................SB 310 Voting; booth for handicapped persons...........................................................................SB 178 Voting; seating arrangements ............................................................................................SB 177
HANKERSON, JOSEPH L.; condolences.....................................................................HR 136
HARALSON COUNTY; magistrate court; library fees................................................HB 866
HARDIN, WILLIAM G., JR.; commend.......................................................................HR 347
HARDY, PAUL T.; commend...........................................................................................HR 254
HARRIS COUNTY; Roosevelt State Park; property boundaries...............................HR 107
HARRIS, FRANCES M.; compensation.........................................................................HR 217
HARRISON, HONORABLE CARL Condolences Invite family to House.......................................................................................................HR 194
HARRISON, HONORABLE ROBERT L., JR.; condolences..................................HR 258
HART COUNTY Commissioners; create new board.....................................................................................SB 356 Sheriff; compensation .........................................................................................................SB 357 Superior court clerk and probate court judge; compensation ......................................SB 359 Tax commissioner; compensation......................................................................................SB 358
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2575

HART COUNTY LADY BULLDOGS BASKETBALL TEAM; commend.......HR 517
HATFIELD, SHAN; invite to House...............................................................................HR 175
HAWKINSVILLE HIGH SCHOOL LADY DEVILS BASKETBALL TEAM; commend ..............................................................................HR 518
HAZARDOUS SUBSTANCES Cleaning agents; retail sales; certain prohibitions.........................................................HB 762 Radiation control; regulation Human Resources Department....................................HB 947 Eminent domain; certain maintenance of condemned property...............................HB 1050 Employee health insurance; Hazardous Waste Management Authority; benefits..........................................................................................................HB 768 Employees' Retirement; Hazardous Waste Management Authority; membership..................................................................................................HB 769 Governor's Employment and Training Council; provide..............................................HB 568 Hazardous Materials Safety Act; enact...........................................................................HB 931 Hazardous waste disposal facilities; amend provisions...............................................HB 1124 Hazardous waste permits; refusal by county or municipality .......................................HB 75 House Radon Gas Study Committee...............................................................................HR 113 Landfill operators; certification........................................................................................HB 148 Low phosphorus household laundry detergents; retail sales; local governments to mandate ...........................................................................HB 719 Radon Licensing Board; create.........................................................................................HB 170 Solid waste disposal; residential areas; distance requirements ...................................HB 988 Solid waste disposal sites; distance requirements .........................................................HB 102
HEALTH Access to Health Care Commission; create ....................................................................HR 162 Access to Health Care Commission; create.......................................................................SR 70 Ad valorem tax; certain property of hospital authorities; exemption........................HB 683 Aerobic wastewater treatment plants; authorize usage.................................................HB 746 AIDS; certain persons; disclosure of confidential information....................................HB 842 Air Quality Control Act; requirements for permits.......................................................HB 933 Ambulance; medical technicians; number required; certain counties ........................HB 604 Autism Resource Center; support development............................................................HR 370 Autism Resource Center; support development............................................................HR 447 Birth certificate; spontaneous fetal death ......................................................................HB 640 Buying or selling of human body parts; define offense................................................HB 634 Certificate of Need for Traumatic Brain Injury Facilities Study Committee; create..............................................................................HR 313 Chiropractors; certain sales; profits.................................................................................HB 661 Consent for surgical and diagnostic procedures; time..................................................HB 817 Consent for surgical and medical treatment; adult child for parent..........................HB 715 County boards of health; members' compensation........................................................HB 607 County boards of health; treatment of certain patients; standards ...........................HB 974 Cremation; disposition of remains....................................................................................SB 252 Dangerous Dog Control Law; definitions........................................................................HB 630 Emergency medical services personnel; responsibility...................................................SB 320 Environmental Policy Act; enact......................................................................................HB 949 Facilities for treatment of traumatic brain injury..........................................................SB 360 Family and medical leave policies of employers; Industrial Relations Committee to study...................................................................HR 318 Firefighters and emergency medical technicians; voluntary vaccinations ......................................................................................................................SB 313 Georgia Health Insurance Pool; create............................................................................HB 392 Georgia Health Insurance Trust Fund; create...............................................................HB 955 Georgia Health Insurance Trust Fund; create - CA.....................................................HR 369 Georgia Insurers Insolvency Pool; amend provisions....................................................HB 514

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2576

INDEX

HEALTH (Continued) Graves; disposal of body unlawfully removed; prohibitions .........................................SB 275 Handicapped identification card; issuance.....................................................................HB 601 Health care; attorney in fact to make certain decisions...............................................HB 999 Health care facilities; amend definition............................................................................HB 51 Health spas; certain contract provisions.........................................................................HB 341 High Risk Health Insurance Plan; enact.........................................................................SB 267 Hospital authorities; open records; certain exemptions ...............................................HB 140 Hospital authorities; powers..............................................................................................SB 229 Hospital authorities; sale of projects; referendum...........................................................HB 68 Hospital care for pregnant women; amend provisions..................................................HB 597 Hospitals; capital projects; expenditures; definition ...................................................HB 1134 Hospitals; dialysis machines; certificate of need exemption........................................HB 300 Hospitals; equipment purchases; exemptions..................................................................SB 133 Hospitals; head injured persons; certain exceptions .....................................................HB 771 Hospitals; post certain notice in emergency rooms.......................................................HB 580 Hospitals; renovation projects; exemptions.....................................................................SB 137 Hospitals; staff privileges; prohibit discrimination........................................................SB 333 House Radon Gas Study Committee; create..................................................................HR 113 Human Resources; certain actions for damages; notice................................................HB 864 Joint Fulton-DeKalb Hospital Authority Study Committee; create.............................................................................................................HR 20 Joint Health Care Personnel Supply and Planning Study Committee; create.................................................................................................HR 31 Living wills; witnesses required..........................................................................................HB 76 Medicaid Prescription Drug Bidding and Rebate Program...........................................HB 70 Medicaid Prescription Drug Bidding and Rebate Program..........................................SB 268
Medical and dental coverage; jurisdiction of Insurance Commissioner................................................................................................HB 674
Medical assistance; drug bidding programs and rebates..............................................HB 577 Medical assistance; urge control of drug expenditures.................................................HR 196 Medical examiners; embalm body before releasing........................................................SB 318 Mental health; electric shock devices; prohibitions.......................................................HB 249 Mental health; traumatic brain injury; definition..........................................................SB 235 Mental retardation; screening newborns for certain disorder ........................................SB 39 Mentally retarded; residential care facilities; admission
requirements....................................................................................................................HB 331 Nonsewered toilet systems; regulate................................................................................HB 619 Nursing homes; employee records check; licensing.......................................................HB 296 Nursing homes; receiverships; certain violations...............................................................HB 3 Nursing pools; regulation...................................................................................................HB 751 Occupational disease; disablement claim; time for filing ...........................................HB 1036 Occupational disease; repeal reduction of certain compensation..............................HB 1052 Pest Control; applications; post certain signs................................................................HB 204 Physicians; application for hospital privileges; authorization .....................................HB 703 Physicians; continuing education.....................................................................................HB 798 Physicians; continuing education programs....................................................................HB 702 Physicians for Rural Areas Assistance Act; enact.........................................................HB 567 Property owner; failure to disclose certain information;
prohibit action.................................................................................................................HB 519 Radiation control; regulation by Human Resources Department...............................HB 947 Radon Licensing Board; create.........................................................................................HB 170 Sanitarians and environmental health specialists; regulation .....................................HB 135 Solid Waste Planning, Recycling and Reduction Act; enact .......................................HB 521 State Boxing and Wrestling Commission; create.............................................................HB 15 State Boxing Commission; termination date......................................................................HB 7 Tanning facilities; registration..........................................................................................HB 952 Workplace hearing conservation program; testing........................................................HB 364

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INDEX

2577

HEALTH INSURANCE Access to Health Care Commission; create ....................................................................HR 162 Access to Health Care Commission; create .......................................................................SR 70 Agents; licensing; grounds for revocation........................................................................HB 175 Assessment of Proposed Accident and Sickness Insurance Coverage Act; enact......................................................................................HB 813 Capital stock or surplus requirements; amend provisions .........................................HB 1128 Child Health Services Act; create..................................................................................HB 1040 Child Health Services Act; create.....................................................................................SB 124 Counties; officials and employees; benefits .....................................................................SB 249 Direct payment to provider...............................................................................................HB 311 Direct response advertising; unfair practices.................................................................HB 183 Employee health insurance; Hazardous Waste Management Authority; benefits..........................................................................................................HB 768 Georgia Health Insurance Pool; create............................................................................HB 392 Georgia Health Insurance Trust Fund; create ...............................................................HB 955 Georgia Health Insurance Trust Fund; create - CA .....................................................HR 369 Georgia Insurers Insolvency Pool; amend provisions....................................................HB 514 Grace period; allowance.....................................................................................................HB 207 Group life insurance; multiple employer welfare arrangements..................................HB 176 Health insurance plans; sovereign immunity; limited waiver......................................HB 279 High Risk Health Insurance Plan; enact.........................................................................SB 267 Insolvency pool; membership............................................................................................HB 250 Local boards of education; group medical and dental insurance................................HB 440 Medical and dental coverage; jurisdiction of Insurance Commissioner .....................HB 674 Medical insurance; athletic event; student coverage...................................................HB 1109 Medicare supplement insurance; unfair practices ..........................................................SB 234 Payment of claim within 30 days; interest.....................................................................HB 393 Public officials and employees; health insurance; certain itemized statement..........................................................................................HB 1071 Public officials and employees; health insurance; coverage for certain medicine.....................................................................................HB 1072 Public school employees; definitions...............................................................................HB 608 Retired public school teachers; benefits..........................................................................HB 606 Service by certified registered nurse personnel; reimbursement.................................HB 171 State employees; benefits; definition of full-time..........................................................HB 724 State employees; full-time person....................................................................................HB 613 State employees; increases employer contribution to Health Insurance Fund; supplemental appropriations ........................................HB 381 Teachers and public school employees; flexible benefit plan......................................HB 452 Termination of policy; notification..................................................................................HB 203 Usual, customary and reasonable charge; definition...................................................HB 1127
HEARD COUNTY Commissioner; compensation............................................................................................HB 578 Franklin-Heard County Water Authority; change name............................................HB 1018
HEARING AND HEARING AIDS Examination.........................................................................................................................SB 343 Georgia Service Center for Hearing Impaired Persons; provide....................................SB 38 Telecommunication; hearing and speech impaired persons; service............................SB 310 Workplace hearing conservation program; testing ........................................................HB 364
HELPING HANDS, INC.; Jones, Allan; commend......................................................HR 527
HENRY COUNTY Board of commissioners; chairman's election.................................................................HB 980 Certain officials; compensation...................................................................,.....................HB 979

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2578

INDEX

HENRY COUNTY HIGH SCHOOL; commend .........................................................HR 326
HERBERT, HONORABLE SUZI; commend...............................................................HR 507
HICKS, JACKSON WILEY; commend.........................................................................HR 446
HIGHT, DR. DONALD; commend..................................................................................HR 184
HIGHWAYS, BRIDGES AND FERRIES (Also, see Transportation, Department of) Alcoholic beverages; open containers while driving; prohibitions...............................HB 537 All-terrain vehicles; regulation..........................................................................................HB 682 A. T. Land, Sr. Highway; designate.................................................................................HR 277 Atlanta; certain contracts; mayoral authorization.........................................................HB 497 Battle Smith Bridge; designate...........................................................................................SR 95 Children; transporting in pickup trucks; prohibitions......................................................HB 6 Children; transporting in pickup trucks; prohibitions....................................................HB 95 Colleges; campus police; speed detection devices..........................................................HB 324 Counties and municipalities; contract negotiations .......................................................SB 274 Creek Indian Trail Scenic Highway; designate..............................................................HR 228 Developmental highways; funding......................................................................................HB 16 Floy Farr Parkway; designate..............................................................................................SR 36 George S. Lee Causeway; designate...................................................................................HR 66 Handicapped parking; designation....................................................................................SB 164 House Motor Vehicle Safety Inspection Study Committee; create..............................HR 96 House Truck Safety Study Committee; create..............................................................HR 407 Joel Cowan Parkway; designate ..........................................................................................SR 35 Joint Title 40 Study Committee; create .........................................................................HR 316 J. R. Reeves Bridge; designate .........................................................................................HR 366 Juliette Gordon Low Highway; designate.......................................................................HR 110 Left turn only lanes; prohibitions....................................................................................HB 603 Length and load of vehicle; limits....................................................................................HB 431 Length and weight of vehicles and semi-trailers; rear-end protection device...............................................................................................HB 53 Length of certain vehicles transporting live poultry; restrictions.......................................................................................................................HB 473 Length of vehicles; amend provisions.................................................................................SB 53 Length of vehicles; requirements .....................................................................................HB 464 Lightwood Knot Bridge; designate..................................................................................HR 242 Limited-access roads; municipal consent; certain exceptions......................................HB 757 Limousine services; regulation by Public Service Commission...................................HB 912 MARTA; operating costs; use of certain interest..........................................................HB 670 Motorcycles; headgear; certain persons.........................................................................HB 1097 Motorcycles; headsets and headphones; authorization.................................................HB 280 Motorcycles; headsets and headphones; authorization..................................................SB 118 Motor fuel; remove exemption from sales tax ...............................................................HB 338 Motor fuel tax; rate............................................................................................................HB 144 Motor fuel tax; urge Congressional Delegation to oppose............................................HR 112 Motor vehicle insurance; uninsured motorist; applicability.........................................HB 904 Motor vehicles; improperly parked cars; removal..........................................................HB 492 Motor vehicles; reflective materials on window.............................................................HB 208 Motor vehicles; reflectors on certain trailers; requirements ........................................HB 538 Motor vehicles; safety and equipment inspection; requirements................................HB 518 Motor vehicles; traffic enforcement; flashing lights......................................................HB 388 Motor vehicles; weight limitations; federal specifications............................................HB 438 Multiline heavy equipment dealers; regulation ..............................................................SB 141 New motor vehicles; manufacturers; failure to conform to warranty.......................HB 1049 Peach Parkway; designate.................................................................................................HR 190 Sales tax and second motor fuel tax; refund for diesel fuel purchases......................HB 423

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INDEX

2579

HIGHWAYS, BRIDGES AND FERRIES (Also, see Transportation, Department of) (Continued) Sales tax; sales of aircraft, vehicles and vessels.............................................................HB 172 School-crossing guard; citations .........................................................................................HB 39 School-crossing guards; traffic regulation.......................................................................HB 128 Serious injury by vehicle; criminal offense.......................................................................HB 64 Speed detection devices; regulations on use...................................................................HB 750 State government contracts; participation by women and minorities........................HB 103 State patrol; close highways in emergency situations...................................................HB 329 State Tollway Authority; sale of notes and bonds; authorization...............................HB 758 State-wide mass transit and heavy rail system; feasibility study...............................HR 322 Street improvement bonds; interest rate........................................................................HB 377 Thomas Humphrey Highway; designate...........................................................................HR 19 Traffic violations; district attorney act as prosecutor ...................................................SB 273 Transportation Department; traffic control devices; installation...............................HB 395 Transportation trust funds; remove from federal budget; urge Congressional action...............................................................................................SR 142 U. S. 441 Business Historic Route; designate ..................................................................HR 74 Vehicles transporting forest products; exceptions.........................................................HB 887 Weights and load of vehicles; permits.............................................................................HB 534 William A. Ridley Bridge; designate ..................................................................................SR 39
HILL, TRICEY;commend...................................................................................................HR 45
HILL, WILLIE H.; commend............................................................................................HR 482
HINES, ROGER N.; commend.........................................................................................HR 300
HINESVILLE, CITY OF; council members and mayor; election..............................HB 956
HINSON, ROYACE B.; commend...................................................................................HR 412
HOGAN, M. J. "JERRY"; commend on Savannah Saint Patrick's Day Parade .........................................................................................................HR 417
HOLDER, WARREN; commend........................................................................................HR 57
HOLLAND, BOBBY R., SR.; congratulate ...................................................................HR 520
HOLLYWOOD, CALIFORNIA; registration as official trademark; application...........................................................................................................................HR 541
HOLY ORDER OF MANS, INC.; compensate..............................................................HR 73
HOMELAND, CITY OF; corporate limits.....................................................................HB 821
HOMERVILLE, CITY OF; election; change date........................................................HB 950
HORNE, DR. SIDNEY; commend..................................................................................HR 512
HOSPITALS AND HEALTH CARE FACILITIES Access to Health Care Commission; create ....................................................................HR 162 Access to Health Care Commission; create.......................................................................SR 70 Ad valorem tax; certain property of hospital authorities; exemption........................HB 683 Autism Resource Center; support development............................................................HR 370 Autism Resource Center; support development............................................................HR 447 Buying or selling of human body parts; define offense................................................HB 634 Capital projects; expenditures; definition.....................................................................HB 1134 Care for pregnant women; amend provisions.................................................................HB 597 Certificate of Need for Traumatic Brain Injury Facilities Study Committee; create..............................................................................HR 313 Child Health Services Act; create..................................................................................HB 1040

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2580

INDEX

HOSPITALS AND HEALTH CARE FACILITIES (Continued) Child Health Services Act; create .....................................................................................SB 124 Civil actions; medical malpractice; tolling of limitations .............................................HB 895 Consent for surgical and diagnostic procedures; time ..................................................HB 817 Consent for surgical and medical treatment; adult child for parent..........................HB 715 County boards of health; treatment of certain patients; standards ...........................HB 974 Dialysis machines; certificate of need exemption..........................................................HB 300 Emergency medical services personnel; responsibility...................................................SB 320 Equipment purchases; certain exemptions ......................................................................SB 133 Facilities for treatment of traumatic brain injury..........................................................SB 360 Family and medical leave policies of employers; Industrial Relations Committee to study ......................................................................................HR 318 Georgia Health Insurance Pool; create............................................................................HB 392 Georgia Service Center for Hearing Impaired Persons; provide....................................SB 38 Head injured persons; certain exceptions .......................................................................HB 771 Health care; attorney in fact to make certain decisions...............................................HB 999 Health care facilities; amend definition............................................................................HB 51 Health insurance; direct payment to provider...............................................................HB 311 Health insurance; service by certified registered nurse personnel; reimbursement..................................................................................HB 171 High Risk Health Insurance Plan; enact.........................................................................SB 267 Hospital authorities; open records; certain exemptions...............................................HB 140 Hospital authorities; powers..............................................................................................SB 229 Hospital authorities; sale of projects; referendum...........................................................HB 68 Joint Fulton-DeKalb Hospital Authority Study Committee create .............................HR 20 Joint Health Care Personnel Supply and Planning Study Committee; create.............................................................................................................HR 31 Mental health; traumatic brain injury; definition..........................................................SB 235 Mentally retarded; residential care facilities; admission requirements....................................................................................................................HB 331 Northwest Georgia Regional Hospital; designate centers..............................................HR 22 Nursing homes; employee records check; licensing.......................................................HB 296 Nursing pools; regulation...................................................................................................HB 751 Physician's application for privileges; authorization.....................................................HB 703 Physicians; continuing education .....................................................................................HB 702 Physicians; continuing education.....................................................................................HB 798 Physicians for Rural Areas Assistance Act; enact .........................................................HB 567 Physicians; treatment of Medicare and Medicaid patients; requirement................HB 1020 Post certain notice in emergency rooms.........................................................................HB 580 Renovation projects; exemptions.......................................................................................SB 137 Staff privileges; prohibition discrimination.....................................................................SB 333 State employees; hospitals and correctional facilities; night shift supplements ....................................................................................................SB 47 State lottery; disposition of proceeds - CA......................................................................HR 11 State lottery; hospital care for indigents and educational purposes; proceeds - CA ..................................................................................................HR 69 Teachers; transfer employment; Central State Hospital;.............................................HB 917
HOTELS AND MOTELS Alcoholic beverages; restaurants and inns; Sunday sales..............................................SB 277 General Assembly members; expense allowance for lodging .......................................HB 877 Fulton County-Atlanta; hotel-motel tax.............................................................................HB 1 Innkeepers; deposit; inspection of premises at check out..........................................HB 1079 Tax; counties and municipalities; rate............................................................................HB 770
HOUSE OF REPRESENTATIVES Albany, Dougherty County, Albany Chamber of Commerce; invite Representatives to appear before the House..................................................HR 121

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2581

HOUSE OF REPRESENTATIVES (Continued) Burgess, Robert T., Sr.; invite to House...........................................................................HR 52 Bussey, Larry Wayne; invite to House............................................................................HR 263 Campaign contributions; expenditures; certain candidates..........................................HB 491 Cole, Dr. Thomas W., Jr.; invite to House.......................................................................HR 67 Cosby, Dr. and Mrs. William H. "Bill", Jr.; invite to House ......................................HR 264 Cox, Honorable Walter E.; oath .........................................................................................Page 8 Davis, William R. "Bill"; invite to House.......................................................................HR 197 Democratic Caucus; certification of officers ...................................................................Page 18 Election of Clerk.................................................................................................................Page 10 Election of Doorkeeper.......................................................................................................Page 12 Election of Messenger ........................................................................................................Page 11 Election of Speaker...............................................................................................................Page 9 Election of Speaker Pro Tem............................................................................................Page 11 Employees of Legislative Office Building; commend....................................................HR 435 Parley, William F.; invite to House.................................................................................HR 394 4-H Champions, Tricey Hill and Dr. Thomas F. Rodgers; invite to House..................................................................................................................HR 37 Frazier, Frances; invite to House.....................................................................................HR 169 Georgia Parent Teacher Association; commend; Bearden, Georgianne, President; invite to House.............................................................................................HR 199 Goff, Coach Ray; invite to House......................................................................................HR 33 Griffin, Melissa Hope; invite to House...........................................................................HR 193 Harrison, Honorable Carl; invite family to House........................................................HR 194 Hatfield, Shan; invite to House........................................................................................HR 175 House Strategic Planning Study Committee; create.....................................................HR 371 Intern Program; commend................................................................................................HR 555 Jenkins, Curtis; election.......................................................................................................Page 7 Jenkins, Curtis; oath of office.............................................................................................Page 8 Johnson, Honorable Rudolph; resignation ......................................................................Page 21 McWhorter, Coach Mac; invite to House .......................................................................HR 123 Members-elect; communication from Secretary of State................................................Page 1 Notify the Senate the House of Representatives has convened......................................HR 1 Open meetings - CA................................................................................................................SR 4 Payne, William (Billy) Porter; invite to House .............................................................HR 505 Perdue, Coach Tommy; Robert E. Lee High School "Rebels"; invite to House..................................................................................................................HR 62 Redfern, William Russell "Rusty"; invite to House......................................................HR 385 Relative to the House of Representatives; officials and staff..........................................HR 3 Retirement Committee Chairman ....................................................................................Page 20 Republican Caucus; certification of officers ...................................................................Page 18 Robinson, Honorable Lee; Carr Dodson; Carolyn Crayton; invite to House..................................................................................HR 97 Ross, Bobby; invite to House............................................................................................HR 309 Rules of House; adopt............................................................................................................HR 4 Rules of House; amend Rule 5...........................................................................................HR 12 Rules of House; amend Rule 6.........................................................................................HR 216 Rules of House; amend Rule 11...........................................................................................HR 9 Rules of House; amend Rule 12 .........................................................................................HR 26 Rules of House; amend Rule 12.........................................................................................HR 27 Sergeant-at-arms; appointment ........................................................................................Page 12 Shapiro, Robert B.; invite to House ................................................................................HR 198
Standing Committee assignments ....................................................................................Page 37
Tedesco, Dr. Francis J.; invite to House...........................................................................HR 78
Waldrep, Honorable Ken; resignation .............................................................................Page 19
Waters, Chastity Carol; invite to House .........................................................................HR 191
Watson, Jarret Lee; invite to House..................................................................................HR 79

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HOUSE OF REPRESENTATIVES (Continued) Wilson, Brad; invite to House ..........................................................................................HR 419 Wood, Honorable Joe T.; invite to House......................................................................HR 411
HOUSING (See Buildings and Housing)
HOUSTON COUNTY Board of commissioners; chairman's election...............................................................HB 1073 Board of commissioners; election...................................................................................HB 1074 Repeal Act creating designated registration of motor vehicles .................................HB 1060 State court; solicitor; qualifications and compensation................................................HB 741
HOUSTON JUDICIAL CIRCUIT; supplement for probation personnel ............HB 1061
HUMAN RESOURCES, DEPARTMENT OF Aerobic wastewater treatment plants; authorize usage.................................................HB 746 Ambulance; medical technicians; number required; certain counties ........................HB 604 Certain actions for damages; notice.................................................................................HB 864 Children and youth; community innovation zones; designate......................................SB 382 Children and youth; custody services...............................................................................SB 350 Children and youth; services for disturbed children.....................................................HB 560 Child welfare services and services to courts.................................................................HB 390 Day camps; regulation........................................................................................................HB 231 Georgia Service Center for Hearing Impaired Persons; provide....................................SB 38 Health care facilities; amend definition............................................................................HB 51 Homeless; shelter and meals; implement program to provide .....................................SB 208 Hospitals; head injured persons; certain exceptions.....................................................HB 771 Hospitals; post certain notice in emergency rooms.......................................................HB 580 Juvenile proceedings; detention homes for delinquent children..................................SB 180 Medical assistance; drug bidding programs and rebates..............................................HB 577 Medical assistance; urge control of drug expenditures.................................................HR 196 Mentally retarded persons; community service; amend provisions............................HB 894 Mentally retarded; residential care facilities; admission requirements....................................................................................................................HB 331 Nursing homes; employee records check; licensing.......................................................HB 296 Public assistance; overpayment; recovery.......................................................................HB 716 Radiation control; regulation............................................................................................HB 947 Radon Licensing Board; create.........................................................................................HB 170 State employees; hospitals and correctional facilities; night shift supplements....................................................................................................SB 47 State employees; interdepartmental transfers; working test period.........................HB 1094 Supplemental appropriations; FY ending 1990..............................................................HB 253 Tanning facilities; registration..........................................................................................HB 952
HUNTING (Also, see Game and Fish) Firearm or archery tackle; prohibitions..........................................................................HB 494 Hunting while intoxicated; criminal provisions.............................................................HB 360 Landowners to give preference to Georgia residents; urging.......................................HR 289 License; field or retriever trials; exemption......................................................................HB 50 Night hunting; prohibitions..............................................................................................HB 363 Public hunting or fishing areas, amend acts constituting trespass; dangerous dogs, post sign...............................................................................SB 106 Suspension of privileges; negligence................................................................................HB 361

I

IDEAL, CITY OF; new charter..........................................................................................SB 168

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2583

ILA, CITY OF; mayor and councilmen; terms................................................................HB 872
INCOME TAX Advance tuition payments; deductions ...........................................................................HB 232 Amend provisions...............................................................................................................HB 482 Certain retirement income; exemption............................................................................HB 471 Child care credit.................................................................................................................HB 241 Child or dependent care; credit..........................................................................................HB 25 Corporations; allocation of income...................................................................................HB 467 Corporations; certain tax credits......................................................................................HB 532 Credit for certain persons..................................................................................................HB 636 Credit for certain persons..................................................................................................HB 710 First-time purchase of home; certain exemptions.........................................................HB 419 Food Sales Income Tax Credit Act of 1989; enact.........................................................HB 714 Georgia Tax Reform Commission of 1990; create.........................................................HR 294 Income tax; advance tuition payments; deduction........................................................HB 818 Income tax; credit for certain homesteads or farms .....................................................HB 717 Income tax; individual net income; amend provisions..................................................HB 486 Income tax; military and civil service retirement; exemption...................................HB 1099 Income tax; payments of estimated taxes; date.............................................................HB 485 Income tax return form; certain designation; assignment............................................HB 792 Income tax; timber sales; credit.......................................................................................HB 940 Job tax credit; certain counties........................................................................................HB 240 Judges of Probate Courts Retirement Fund; amend provisions.................................HB 444 Local peace officers retirement benefits; exemption....................................................HB 429 Military pay and certain civilian employees; exemption..............................................HB 936 Public Revenue Code; reference date; Federal tax code ..............................................HB 483 Tax relief; elderly - CA......................................................................................................HR 238 Timberland; long-term capital gains; tax differential...................................................HR 349 Timber sales; certain exemption......................................................................................HB 939 Widows and widowers; elderly; certain exemption........................................................HB 133
INDEMNIFICATION; subrogation ...................................................................................SB 85
INDUSTRY AND TRADE, DEPARTMENT OF Department of Industry, Trade and Tourism; name change..........................................SB 82 Free Enterprise Day; proclaim March 8, 1989................................................................SR 222 Lin, C. L. and Yung Ching Wang; Nan Ya Plastic, Taiwan; welcome ......................HR 463 Sales tax exemption; certain industrial materials .........................................................HB 293 Seed Capital Fund; create.................................................................................................HB 151
INSURANCE Access to Health Care Commission; create ....................................................................HR 162 Access to Health Care Commission; create.......................................................................SR 70 Administrative procedure; rule-making duties by Insurance Commissioner................................................................................................HB 358 Agent's certificate of authorization; termination............................................................SB 125 Agents; licensing; grounds for revocation........................................................................HB 175 Assessment of Proposed Accident and Sickness Insurance Coverage Act; enact........................................................................................................HB 813 Auto Insurance Costs Containment; create joint committee..........................................SR 60 Broker use reliable information about certain insurers................................................HB 181 Capital stock or surplus requirements; amend provisions.........................................HB 1128 Child Health Services Act; create..................................................................................HB 1040 Child Health Services Act; create.....................................................................................SB 124 Claimant; certain information ...........................................................................................SB 175 Corporate officers and employees; insurable interest...................................................HB 472

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2584

INDEX

INSURANCE (Continued) Counties; officials and employees; benefits.....................................................................SB 249 County tax; proceeds..........................................................................................................HB 617 Direct response advertising; unfair practices.................................................................HB 183 Driving under the influence; second conviction; insurance coverage ...........................HB 37 Employee health insurance; Hazardous Waste Management Authority; benefits..........................................................................................................HB 768 Farmers' mutual fire insurance companies; required assets ........................................HB 484 Fire sprinklers; regulations................................................................................................HB 535 Fraternal benefit societies; revise provisions................................................................HB 1129 Fraudulent claim on stolen motor vehicles...................................................................HB 1086 Furnish annual report to General Assembly..................................................................HB 178 Georgia Health Insurance Pool; create............................................................................HB 392 Georgia Health Insurance Trust Fund; create...............................................................HB 955 Georgia Health Insurance Trust Fund; create - CA .....................................................HR 369 Georgia Insurers Insolvency Pool; amend provisions....................................................HB 514 Group life insurance; multiple employer welfare arrangements..................................HB 176 Health insurance; direct payment to provider...............................................................HB 311 Health insurance; grace period; allowance......................................................................HB 207 Health insurance; insolvency pool; membership............................................................HB 250 Health insurance plans; sovereign immunity; limited waiver......................................HB 279 Health insurance; retired public school teachers; benefits...........................................HB 606 Health insurance; service by certified registered nurse; reimbursement.................................................................................................................HB 171 Health insurance; termination of policy; notification...................................................HB 203 Health insurance; usual, customary and reasonable charge; definition...................HB 1127 High Risk Health Insurance Plan; enact.........................................................................SB 267 Information; provide to claimant.....................................................................................HB 216 Insurance agents; unfair termination .................................................................................SR 27 Insurance and Education Reinvestment Act for Aid to Families with Dependent Children.................................................................................SB 13 Insurance Commissioner; approve rate increase...............................................................SB 35 Insurance Commissioner; campaign contributions; prohibitions...................................HB 52 Insurance Commissioner; campaign contributions; prohibitions.................................HB 286 Insurance Commissioner; campaign contributions; prohibitions....................................SB 30 Insurance Commissioner; complaints; release to public ..................................................SB 31 Insurers; certain annuity contracts; issuance .................................................................HB 513 Insurers; delivery of stolen vehicle affidavits; requirements ..........................................SB 50 Insurers; examination requirements ................................................................................HB 205 Insurers; loss reserve report; filing requirements ..........................................................HB 182 Insurers; merger; financial statements .............................................................................SB 233 Insurers; transfer of domicile............................................................................................HB 566 Life insurance; provision for long term care rider.........................................................HB 206 Loans; insurance requirements; notification...................................................................HB 433 Medical and dental coverage; jurisdiction of Insurance Commissioner .....................HB 674 Medical insurance; athletic event; student coverage...................................................HB 1109 Medicare supplement insurance; unfair practices..........................................................SB 234 Motor vehicle insurance; adverse underwriting decision...............................................SB 127 Motor vehicle insurance; cancellation notice; certain fines..........................................HB 255 Motor vehicle insurance; cancellation notice to Public Safety; restricted driving permit..................................................................................................HB 99 Motor vehicle insurance; certain premium reductions..................................................HB 437
Motor vehicle insurance; claims; determine value of vehicle..........................................SB 32
Motor vehicle insurance; definition of insured..............................................................HB 177
Motor vehicle insurance; driving without proof; penalty.............................................HB 455
Motor vehicle insurance; financial responsibility; proof.................................................HB 38
Motor vehicle insurance; loss of income for sole shareholder .......................................HB 57

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2585

INSURANCE (Continued) Motor vehicle insurance; nonresidents; certain exemptions........................................HB 501 Motor vehicle insurance; premium reduction for certain persons.................................SB 49 Motor vehicle insurance; proof; amend provisions .........................................................SB 199 Motor vehicle insurance; restricted driving permits..........................................................SB 7 Motor vehicle insurance; revise code provisions............................................................HB 699 Motor vehicle insurance; uninsured motorist; applicability.........................................HB 904 Motor vehicle service agreements; regulation ................................................................HB 314 Motor Vehicle Theft and Insurance Fraud Reporting Immunity Act; enact.......................................................................................................................HB 1111 Payment of claim within 30 days; interest.....................................................................HB 393 Property and casualty insurance; business by producer which controls insurer..................................................................................................HB 1130 Public officers and employees; liability insurance; immunity...................................HB 1122 Public officials and employees; health insurance; certain itemized statement..........................................................................................HB 1071 Public officials and employees; health insurance; coverage for certain medicine.....................................................................................HB 1072 Rates; regulation...................................................................................................................HB 23 Replacement policy; effective date ..................................................................................HB 511 Review of policy changes...................................................................................................HB 235 Security deposits.................................................................................................................HB 510 State employees; benefits; definition of full-time..........................................................HB 724 State employees; health insurance; full-time person.....................................................HB 613 State employees; increase employer contribution to Health Insurance Fund; supplemental appropriations.............................................HB 381 State officials; election by plurality - CA.........................................................................HR 24 Teachers and public school employees; flexible benefit plan......................................HB 452 Unfair practices; aftermarket crash parts.......................................................................HB 201 Workers' Compensation; appeal procedures...................................................................HB 274 Workers' Compensation; assessment for rehabilitation; certain time........................HB 891 Workers' Compensation; certain pharmacy services; requirements............................HB 686 Workers' Compensation; definitions; directors emeritus; appointment.....................................................................................................................HB 989 Workers' Compensation; employees' rights; prohibit penalty.....................................HB 777 Workers' Compensation; recovery against third party tort-feasors.......................................................................................................................HB 319 Workers' Compensation; securities deposit or surety bond.........................................HB 367 Workers' Compensation; selection of physician; authorization...................................HB 359 Workers' Compensation; subrogation rights of injured employee ..............................HB 641 Written notification of termination of agent.................................................................HB 759
INTANGIBLES TAX Certain property; change rate...........................................................................................HB 450 Personal property; exemption; referendum....................................................................HB 213
INTEREST AND USURY Ad valorem tax; interest on late payments.....................................................................HB 776 Credit cards; certain information stated on statement...............................................HB 1090 Income tax; individual net income; amend provisions..................................................HB 486 Industrial loans; interest rate ...........................................................................................HB 382 Insurance; payment of claim within 30 days..................................................................HB 393 Pawnbrokers; property storage; fee..................................................................................HB 860

J J. R. REEVES BRIDGE; designate.................................................................................HR 366
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2586

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JACKSON HIGH SCHOOL RED DEVILS BASEBALL TEAM; commend .....HR 56
JACKSON, SOLOMON, JR. condolences.....................................................................HR 127
JAILS Detention Buildings and Facilities Authorities Law; enact..........................................SB 367 Emergency confinement facilities; provide.....................................................................HB 499 Income tax return form; certain designation; assignment............................................HB 792 Jail Construction and Staffing Act; enact .........................................................................SB 26 Juveniles; local justice services; funding..........................................................................SB 383 Misdemeanors; certain crimes; maximum fine...............................................................HB 588 Pardons and Paroles; attorney's representative appear before Board........................SB 211 Regional jails; probation revocation; transfer to original county............................................................................................................HB 576 Transfer of inmates; fees....................................................................................................SB 149
JAMIESON, ALAN; commend.........................................................................................HR 186
JASPER COUNTY; superior court; place on annual salary.........................................SB 376
JEFF DAVIS COUNTY; board of commissioners; terms...................................,,.......HB 835
JEFFERSON COUNTY Magistrate court; selection................................................................................................HB 610 Tax commissioner; compensation.....................................................................................HB 609
JENKINS, HONORABLE CURTIS S. House of Representatives; election.....................................................................................Page 7 Oath of office .........................................................................................................................Page 8
JENNINGS, EDNA A.; honor ..........................................................................................HR 182
JESSUP, HONORABLE BEN; doorkeeper and assistant doorkeepers; commend.......................................................................................................HR 469
JESUP, CITY OF; corporate limits..................................................................................HB 841
JOEL COWAN PARKWAY Designate..............................................................................................................................HR 104 Designate.................................................................................................................................SR 35
JOHN MILLEDGE ACADEMY GIRLS BASKETBALL TEAM; commend...HR 450
JOHNSON, ANDY; commend............................................................................................HR 40
JOHNSON, HONORABLE RUDOLPH Commend.............................................................................................................................HR 256 House of Representatives; resignation.............................................................................Page 21
JONES COUNTY; board of education; compensation..................................................HB 342
JONES, JOSEPH AND CHERYL; congratulate........................................................HR 424
JONES, LARRY; commend...............................................................................................HR 338
JONES, OFFICER KENNETH; commend...................................................................HR 145
JONES, WARREN "RHUBARB"; commend..............................................................HR 376
JONESBORO, CITY OF; convey property to Clayton County...................................SR 120
JONESBORO JUNIOR HIGH SCHOOL; recognize ................................................HR 496

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INDEX

2587

JUDGES Council of Probate Court Judges; contract with membership .....................................SB 104 Court Officials Retirement System; create.....................................................................HB 756 Courts; judge release defendant on personal recognizance ..........................................HB 466 Death penalty or life imprisonment; judge's discretion................................................HB 282 Death penalty or life imprisonment; judge's discretion ..................................................SB 25 Firearms; possession..............................................................................................................SB 20 Guardian; transfer jurisdiction of trust; judge's order..................................................HB 733 Joint Session; Governor's message; invite Justices and Judges ......................................HR 6 Joint Session; message from Chief Justice of Supreme Court........................................HR 7 Judges of Probate Courts Retirement Fund; amend provisions.................................HB 444 Probate courts; filling vacancies; amend provisions.......................................................SB 298 Probate Courts; retired judges perform marriage ceremonies.....................................HB 339 State court judge; residency requirements .....................................................................HB 192 State courts; retired judges; compensation.......................................................................HB 10 Superior court judge; pay-level for re-employed secretaries........................................HB 191 Superior court; judge serve while member of Retirement System .............................HB 570 Superior court; judge serve while member of Retirement System ..............................SB 324 Superior Court Judges Retirement; certain creditable service as a state court judge........................................................................................HB 441 Superior Court Judges Retirement; employee contribution ...........................................SB 75 Superior Court Judges Retirement; spouse's benefits...................................................SB 160 Superior court; judges' secretaries; salary.......................................................................HB 141 Superior court; service by senior judges; amend provisions ........................................HB 676 Supreme Court justices; Court of Appeals judges; compensation.................................HB 55
JUDGMENTS; certain motions; appealability ...............................................................HB 589
JUDICIAL CIRCUITS Alcovy Judicial Circuit; judges; supplement...................................................................HB 903 Atlanta Judicial Circuit; add judge..................................................................................HB 721 Atlanta Judicial Circuit; add two judges........................................................................HB 784 Atlantic Judicial Circuit; add judge..................................................................................SB 167 Blue Ridge Judicial Circuit; judges; supplement.........................................................HB 1080 Blue Ridge Judicial Circuit; judges; supplement............................................................SB 406 Chattahoochee Judicial Circuit; add judge.....................................................................HB 559 Cherokee Judicial Circuit; add judge ..............................................................................HB 922 Clayton Judicial Circuit; district attorney; supplement.............................................HB 1003 Clayton Judicial Circuit; judges; supplement...............................................................HB 1004 Clayton Judicial Circuit; personnel; supplement.........................................................HB 1021 Cobb Judicial Circuit; court administrator .....................................................................SB 176 Cobb Judicial Circuit; district attorney; staff; compensation......................................HB 977 Cobb Judicial Circuit; judges; supplement.....................................................................HB 982 Coweta Judicial Circuit; judges; supplement ..................................................................SB 332 Eastern Judicial Circuit; add judge.................................................................................HB 306 Gwinnett Judicial Circuit; judges; supplement............................................................HB 1066 Houston Judicial Circuit; supplement for probation personnel................................HB 1061 Lookout Mountain Judicial Circuit; add judge...............................................................SB 132 Lookout Mountain Judicial Circuit; probation officers; supplement.......................HB 1002 Macon Judicial Circuit; district attorney; supplement.................................................HB 906 Northeastern Judicial Circuit; judges; supplement........................................................SB 405 Southern Judicial Circuit; add judge...............................................................................HB 298 Southern Judicial Circuit; add judge................................................................................SB 142 Statewide grand juries; create - CA....................................................................................SR 58 Stone Mountain Judicial Circuit; judges; supplement..................................................HB 886 Tallapoosa Judicial Circuit; terms...................................................................................HB 412
JURIES Civil procedure; alternate jurors; service ........................................................................HB 106

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2588

INDEX

JURIES (Continued) Grand jury; upcoming appointment; notification ..........................................................HB 599 Jurors and court bailiffs; compensation............................................................................HB 96 Juror summons; time limit for notification ....................................................................HB 127 Lists; revise ..........................................................................................................................HB 524 Method for composing jury lists.......................................................................................HB 591 Special investigative grand juries; drug trafficking; jurisdiction - CA...............................................................................................................HR 36 Statewide grand juries; create - CA....................................................................................SR 58
JUVENILE PROCEEDINGS Children and youth; community innovation zones; designate......................................SB 382 Children and Youth Investment Fund; traffic fines ......................................................SB 353 Children and Youth Overview Committee; create.........................................................HB 958 Children and Youth Overview Committee; create..........................................................SB 355 Death penalty; persons under 18 years; prohibition.......................................................HB 81 Designate referee as juvenile court magistrate ..............................................................HB 222 Detention homes for delinquent children........................................................................SB 180 Director of guardian ad litem; appointment ..................................................................HB 595 District attorney; conduct delinquency proceedings......................................................SB 287 Driver's license; delay issuance to certain minors.........................................................HB 666 Driver's license; suspension for certain acts......................................................................SB 68 Drug trafficking; felony......................................................................................................HB 355 Education; school social workers; employment..............................................................HB 657 Employees' Retirement; certain judicial employees; membership ..............................HB 436 Juvenile Intake Workers and Probation Officers; state subsidies ...............................SB 227 Local justice services; funding...........................................................................................SB 383 Purchase of Services for Juvenile Offenders program; commend...............................HR 337 Superior court clerk; serve as juvenile court clerk........................................................HB 598 Transfer to youth development center............................................................................HB 111

K

KAHN, DR. BERNARD L.; commend...........................................................................HR 288 KAUFMANN, ALICE H.; commend...............................................................................HR 506 KELLEY, CHARLIE, JR.; commend.............................................................................HR 423 KENNEDY, R. JACK; condolences.................................................................................HR 133 KENNESAW, CITY OF
Corporate limits..................................................................................................................HB 998 Recognize.............................................................................................................................HR 363 KEYSVILLE, CITY OF; new charter..............................................................................SB 392 KINGSLAND, CITY OF; corporate limits; change......................................................HB 523 KLUKA, RAY; commend ...................................................................................................HR 522 KNIGHT, MR. AND MRS. JOSEPH L.; commend..................................................HR 459 KNIGHTON, CAPTAIN CHRISTINE; commend.....................................................HR 272 KUTCHER, JANET; commend........................................................................................HR 331 KUTCHEY, ROBERT MARSHALL, SR.; compensation ........................................HR 160
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INDEX

2589

KYSOR INDUSTRIAL CORPORATION; Warren Sherer Division; commend .............................................................................................................HR 480

LABOR AND INDUSTRIAL RELATIONS Employment security; educational institutions; benefits.............................................HB 569 Employment security; full-time cafeteria workers.........................................................HB 385 Employment security; include Georgia Federal-State Shipping Point Inspection Service employees ...........................................................HB 540 Employment security; payments made during temporary layoff................................HB 368 Employment Security; special cases; computation date...............................................HB 581 Fair Employment Practices Act of 1989; enact..............................................................SB 232 Fair employment practices; status reports; requirements ............................................HB 292 Family and medical leave policies of employers; committee to study.......................HR 318 Free Enterprise Day; proclaim March 8, 1989................................................................SR 222 Governor's Employment and Training Council; provide..............................................HB 568 House Quality of Work Life Study Committee; create................................................HR 352 Industrial loans; interest rate ...........................................................................................HB 382 Occupational disease; disablement claim; time for filing...........................................HB 1036 Occupational disease; repeal reduction of certain compensation..............................HB 1052 Pressure vessels; storage of liquid propane gas; requirements....................................HB 689 Public Employees Relations Commission; create ..........................................................HB 862 State contracts; drug-free workplace for employees..........................................................HB 9 State officials; election by plurality - CA.........................................................................HR 24 Supplemental appropriation .............................................................................................HB 214 Workers' Compensation; appeal procedures...................................................................HB 274 Workers' Compensation; assessment for rehabilitation; certain time ........................HB 891 Workers' Compensation; certain pharmacy services; requirements............................HB 686 Workers' Compensation; definitions; directors emeritus; appointment .....................HB 989 Workers' Compensation; employees' rights; prohibit penalty.....................................HB 777 Workers' Compensation; recovery against third party tort-feasors............................HB 319 Workers' Compensation; securities deposit or surety bond.........................................HB 367 Workers' Compensation; selection of physician; authorization...................................HB 359 Workers' Compensation; subrogation rights of injured employee ..............................HB 641
LAGRANGE, CITY OF Board of education; superintendent's appointment.......................................................SB 247 Mountville Water Authority; terminate..........................................................................HB 362
LAKE PARK, CITY OF; mayor and councilmen; election .........................................HB 913
LAKE SIDNEY LANIER; recognize................................................................................HR 63
LAMAR COUNTY; Water and Sewer Authority; create..............................................HB 551
LAMAR ELECTRIC MEMBERSHIP CORPORATION; commend...................HR 204
LAND (See Property)
LANDLORD AND TENANT; property; tenant set aside dispossessory default..........................................................................................................HB 712
LANDSCAPE ARCHITECTURE; nurserymen and landscapers; agriculture priority during water shortages........................................................................................HR 388
LASETER, BEN; commend.................................................................................................HR 46
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2590

INDEX

LASSITER HIGH SCHOOL CONCERT BAND; commend..................................HR 399
LAVONIA, CITY OF; mayor and councilmen; election...............................................HB 823
LAW ENFORCEMENT OFFICERS AND AGENCIES Birthdate; giving false information to law enforcement personnel...............................HB 32 Chief executive; training class ...........................................................................................SB 122 Colleges; campus police; speed detection devices..........................................................HB 324 Crimes; destroying police horse; penalty.........................................................................HB 425 Criminal Justice Coordinating Council; membership ...................................................HB 430 Criminal Justice Coordinating Council; membership; State School Superintendent....................................................................................................SB 101 Eluding a peace officer; penalty for offense....................................................................SB 196 Evidence; records obtained from Public Safety Department......................................HB 380 Firearms; possession; amend provisions..........................................................................HB 593 Firemen's Pension Fund; restrict certain membership..................................................SB 152 Handgun Roster Board; create .........................................................................................HB 189 Indemnification; subrogation...............................................................................................SB 85 Insurance; fraudulent claim on stolen motor vehicles................................................HB 1086 Missing persons; exchange of certain information on juveniles ................................HB 1085 Motor vehicle insurance; cancellation notice; certain fines..........................................HB 255 Motor vehicles; traffic enforcement; flashing lights......................................................HB 388 Peace Officers' Annuity and Benefit Fund; benefit changes if spouse dies...................................................................................................................HB 115 Peace Officers' Annuity and Benefit Fund; benefit provisions.....................................HB 44 Peace Officers' Annuity and Benefit Fund; collections; filing forms ...........................HB 42 Peace Officers' Annuity and Benefit Fund; define .........................................................HB 43 Peace Officers' Annuity and Benefit Fund; narcotics agents; eligibility..........................................................................................................................HB 706 Peace Officer Standards and Training Council; amend provisions............................HB 125 Peace Officer Standards and Training Council; certificate; prohibit denial after certain pardon............................................................................HB 188 Peace Officer Standards and Training Council; definition of retired peace officer........................................................................................................HB 238 Police chief emeritus; create honorary office..................................................................SB 242 Public Safety Department; deputy commissioner; abolish position............................SB 260 Public Safety Department; reimbursement for certain services of state patrol..................................................................................................................HB 698 Rules of the Road; funeral procession.............................................................................HB 409 School-crossing guards; citations........................................................................................HB 39 School-crossing guards; traffic regulation.......................................................................HB 128 Special and high-risk occupation .....................................................................................HB 726 Special and high-risk occupation .....................................................................................HB 728 Speed detection devices; regulations on use...................................................................HB 750 State patrol; automobile racing events; services............................................................HB 308 State patrol; certain personnel retire after 25 years service........................................HB 541 State patrol; close highways in emergency situations...................................................HB 329 State patrol; mandatory retirement; waiver...................................................................HB 527 State patrol; qualifications.................................................................................................SB 262 Students; suspension; notify law enforcement...............................................................HB 667 Training expenses; certain reimbursement...................................................................HB 1093 Training requirements; certain exemptions....................................................................HB 844 Witness fees.........................................................................................................................HB 260 Witness fees..........................................................................................................................SB 103
LAWRENCEVILLE, CITY OF; corporate limits ........................................................HB 446
LAWS, H. FRANK; condolences.......................................................................................HR 135

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2591

LEE, CLIFFORD E.; commend........................................................................................HR 144
LEE COUNTY; deputy sheriffs; employment.................................................................HB 760
LEGISLATIVE BUDGET OFFICE; commend..........................................................HR 515
LIABILITY INSURANCE Child support; limitation on action .................................................................................HB 563 Civil actions; dismissal; certain costs................................................................................SB 329 Civil actions; medical malpractice; tolling of limitations.............................................HB 895 Claimant; certain information ...........................................................................................SB 175 Fire sprinklers; regulations................................................................................................HB 535 Furnish annual report to General Assembly..................................................................HB 178 Georgia Insurers Insolvency Pool; amend provisions....................................................HB 514 Guardianship; certain actions by minors; bond requirements......................................SB 207 Information; provide to claimant.....................................................................................HB 216 Medical malpractice; mandatory arbitration for certain claims................................HB 1011 Property owner; failure to disclose certain information; prohibit action.................................................................................................................HB 519 Public officers and employees; immunity.....................................................................HB 1122 Torts; intoxicated persons; liability for acts...................................................................HB 546 Torts; sports officials; liability............................................................................................HB 54
LIBRARIES House Postsecondary Vocational Education Laboratory, Equipment and Library Research Needs Study Committee; create ......................HR 275 State publications; librarians; revise duties....................................................................HB 587
LICENSE PLATES AND REGISTRATION Amend provisions ...............................................................................................................HB 131 Applications; bond requirements for certain persons...................................................HB 582 Clark Atlanta University; special license plates ............................................................HB 117 Colleges or universities; special tags.................................................................................SB 342 Disabled veterans; design..................................................................................................HB 100 Firefighters; special license plates....................................................................................HB 544 Free for certain veterans ...................................................................................................HB 572 Military; certain colors.......................................................................................................HB 765 Military; certain colors........................................................................................................SB 308 Mopeds; limited driving permits......................................................................................HB 632 Motor vehicle registration; temporary grace period......................................................HB 126 Motor vehicle registration; time limitation.....................................................................HB 732 Motor vehicles; nonresidents; time for registration.......................................................HB 785 Motor vehicles; tax returns; date .....................................................................................HB 694 Special license plates; colleges and universities; commemoration ..............................HB 301 Special license plates; retired General Assembly members.........................................HB 384 Tag agents; surety bond ....................................................................................................HB 101 Tennessee National Guard; special tags .........................................................................HB 644
LICENSES (Also, see Named License) Accountants; examination requirements; amend provisions........................................HB 451 Air contaminants; construction of certain facilities; permit........................................HB 700 Alcoholic beverages; application for retail license; notification...................................HB 169 Alcoholic beverages; distance requirements....................................................................HB 168 Architecture; amend provisions.........................................................................................SB 230 Athletic Trainers, Board of; termination date...............................................................HB 626 Auctioneers; qualifications.................................................................................................SB 198 Billiard rooms; regulation...................................................................................................SB 291 Check-cashing centers; regulations .....................................................................................SB 54 Child welfare agencies and certain day-care centers.....................................................HB 114

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2592

INDEX

LICENSES (Also, see Named License) (Continued) Chimney Sweeps, State Board; create..............................................................................SB 301 Commercial driver's license; provide...............................................................................HB 130 Contractors; examination requirements; Construction Industry Licensing Board; termination date..............................................................HB 344 Contractors; licensing examination; requirements.........................................................HB 435 Counselors, Social Workers, Marriage and Family Therapists; supervisors.......................................................................................................................HB 635 Dental hygienists; requirements.......................................................................................HB 200 Dental hygienists; requirements.......................................................................................HB 953 Dogs and cats; euthanasia by animal shelters................................................................HB 671 Driver's license; commercial license.................................................................................HB 130 Driver's license; deposit in lieu of bail; certain cases ...................................................HB 590 Driver's license; persons holding Class 1 permits; certain restrictions..........................................................................................................HB 402 Driver's license; revocation; points for certain offenses................................................HB 146 Driver's license; suspension; defensive driving course; requirement ..........................HB 916 Driver's license; suspension for failure to assist in accidents.......................................SB 195 Driver's license; suspension for reckless driving; penalty .............................................SB 200 Driver's license; suspension; notification by certified mail............................................HB 20 Driver's license; suspension; notify Public Safety Department....................................SB 248 Driving under the influence; probationary driver's license; amend provisions............................................................................................................HB 663 Electrologists, State Board; create....................................................................................SB 396 Financial institutions; licensed check cashers................................................................HB 605 Financial institutions; mortgage bankers and brokers................................................HB 1104 Fire extinguishers; regulations..........................................................................................HB 313 Fire sprinklers; regulations................................................................................................HB 535 Foresters; qualifications and requirements......................................................................SB 272 Game fish; definition..........................................................................................................HB 285 Georgia Plant Food Act of 1989; enact...........................................................................HB 749 Hearing Aid Dealers and Dispensers; examination........................................................SB 343 House Drivers' Licensing Study Committee; create......................................................HR 243 Hunting; ducks, geese, or swans; waterfowl stamp requirement...................................HB 56 Hunting; firearm or archery tackle; prohibitions...........................................................HB 494 Hunting licenses; field or retriever trials; exemption .....................................................HB 50 Insurance agents; certificate of authorization; termination..........................................SB 125 Insurance agents; grounds for revocation .......................................................................HB 175 Interior designers; regulation.............................................................................................SB 305 Lawn sprinkler system; installation; requirements........................................................HB 600 Licensed Dietitians, Board of Examiners; termination date .......................................HB 470 Livestock; disposal plants and collection centers...........................................................SB 225 Marriage license; fees for family violence shelters........................................................HB 196 Marriage license; waiting periods; amend provisions....................................................HB 463 Mortgage bankers and brokers.........................................................................................HB 500 Mortgage bankers and brokers.......................................................................................HB 1023 Multiline heavy equipment dealers; regulation ..............................................................SB 148 Nursing homes; employee records check.........................................................................HB 296 Nursing pools; regulation...................................................................................................HB 751 Pesticides; aerial contractor..............................................................................................HB 552 Podiatrists; continuing education requirements............................................................HB 503
Professional Counselors, Social Workers and Marriage and Family Therapists; termination of Board............................................................SB 294
Real Estate Commission; maintain certain records.......................................................HB 340
Recreation Examiners, Board of; termination date...........................................................HB 8
Sanitarians and environmental health specialists; regulation.....................................HB 135
Structural Pest Control Commission; termination date...............................................HB 885

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2593

LICENSES (Also, see Named License) (Continued) Tanning facilities; registration..........................................................................................HB 952 Taxidermy Examiners, State Board; create....................................................................HB 453 Tobacco products; regulate sales......................................................................................HB 462 Used car dealers; definition ...............................................................................................SB 214 Used Vehicle Dismantlers, Rebuilders and Salvage Dealers; extend board.....................................................................................................................SB 241 Utility contractors ...............................................................................................................SB 140 Wholesale fish dealers; fees for nonresidents.................................................................HB 672
LIENS AND MORTGAGES Abandoned motor vehicles; liens; filing fee.....................................................................SB 328 Bad checks; lien on merchandise......................................................................................SB 186 Cancellation of security deeds; recording procedures...................................................HB 898 Closing services; predetermined fee schedule...............................................................HB 1136 Foreclosures; consumer transactions; definition.............................................................SB 185 Income tax; first-time purchase of home; certain exemptions ....................................HB 419 Income tax; individual net income; amend provisions..................................................HB 486 Materialmen's liens; certain actions; filing requirements.............................................HB 545 Materialmen's liens; claim; notify property owner........................................................HB 533 Mortgage bankers and brokers; licensing........................................................................HB 500 Mortgage bankers and brokers; licensing......................................................................HB 1023 Mortgage bankers and brokers; licensing......................................................................HB 1104 Mortgages; closing services; predetermined fee schedule...........................................HB 1136 Mortgages; recording; address requirement....................................................................HB 124 Repair of certain equipment; retain possession..............................................................SB 317 Tax sales; foreclosure notice of right to redeem............................................................HB 123
LIEUTENANT GOVERNOR Abolish office - CA .............................................................................................................HR 100 One six-year term - CA......................................................................................................HR 372 Qualifications for election; certain prohibitions...........................................................HB 1101
LIFE INSURANCE Agents; licensing; grounds for revocation........................................................................HB 175 Direct response advertising; unfair practices .................................................................HB 183 Group life insurance; multiple employer welfare arrangements..................................HB 176 Long term care rider; certain provision ..........................................................................HB 206 Payment of claim within 30 days; interest.....................................................................HB 393
LILBURN, CITY OF Corporate limits..................................................................................................................HB 669 Mayor and council members; election.............................................................................HB 562
LIN, C. L. AND WANG, YUNG CHING; Nan Ya Plastics, Taiwan; welcome .....HR 463
LITTLE, MICKEY; commend..........................................................................................HR 373
LIVESTOCK Disposal plants and collection centers; licensing and inspection.................................SB 225 Highways; length of vehicles; requirements....................................................................HB 464
LOANS Credit cards; certain information stated on statement...............................................HB 1090 Credit cards; fees for cash advances................................................................................HB 978 Educational loans; definition; privately sponsored......................................................HB 1028 Farmers' mutual fire insurance companies; required assets........................................HB 484 Fire Department Revolving Loan Fund; create...........................................................HB 1083 Industrial loans; interest rate ...........................................................................................HB 382 Insurance requirements; notification...............................................................................HB 433

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2594

INDEX

LOANS (Continued) Intangible tax; certain property; change rate.................................................................HB 450 Mortgage bankers and brokers; licensing........................................................................HB 500 Mortgage bankers and brokers; licensing......................................................................HB 1023 Mortgage bankers and brokers; licensing......................................................................HB 1104 Mortgages; closing services; predetermined fee schedule...........................................HB 1136 Mortgages; recording; address requirement....................................................................HB 124 Physicians for Rural Areas Assistance Act; enact.........................................................HB 567 Real estate loans; requirements........................................................................................HB 653
LOBBYING Communications from Secretary of State.................................Pages 105, 158, 320, 626, 932, 1319, 1758, 1889, 2305, 2515 State agencies; registration................................................................................................HB 165 State employees; prohibitions...........................................................................................HB 122 State officials; registration.................................................................................................SB 265 Vendor invoices; publication of aging reports.................................................................SB 236
LOCAL GOVERNMENTS (Also, see Counties or Municipalities) Ad valorem tax; value and millage rates by local tax officials....................................HB 930 Alcoholic beverages; restaurants and inns; Sunday sales..............................................SB 277 Annexation; certain counties; applicability.....................................................................HB 941 Annexation; certain counties; applicability.....................................................................HB 962 Appraisal requirements for purchase of property.........................................................HB 348 Atlanta; certain contracts; mayoral authorization.........................................................HB 497 Atlanta; certain contracts; mayoral authorization..........................................................SB 323 Bonds; investment of proceeds.........................................................................................HB 631 Buildings; minimum standard codes; amend provisions..............................................HB 154 Consolidation; procedures................................................................................................HB 1123 Contracts; letters of credit for public works ..................................................................HB 269 Controlled substances; proceeds from forfeitures..........................................................HB 383 Counties and municipalities; composition of governing authority; referendum - CA ..........................................................................................HR 315 Counties and municipalities; development impact fees................................................HB 796 Counties and municipalities; fair rent commissions........................................................HB 86 Counties and municipalities; personal property sales; vendor repurchase...........................................................................................................HB 391 Counties and municipalities; planning and zoning powers; amend procedures - CA...................................................................................................HR 88 Counties and municipalities; rewards in felony cases; authorization.........................HB 432 Counties and municipalities; solid waste disposal contracts; bids...............................SB 237 Counties; annexation; zoning procedures........................................................................HB 845 Counties; juror and court bailiffs; compensation.............................................................HB 96 Counties; officials and employees; benefits.....................................................................SB 249 County attorney; appointment ..........................................................................................SB 171 County boards of commissioners; single member districts ............................................HB 85 County surveyor; appointment.........................................................................................HB 288 Detention Buildings and Facilities Authorities Law; enact..........................................SB 367 Development authorities; colleges; certain facilities used by athletic association ...........................................................................................SB 369 Election from single-member district................................................................................HB 79 Georgia Water Supply Act; enact .......................................................................................SB 86 Highways; contract negotiations........................................................................................SB 274 Historical preservation; ordinances; certain exemptions..............................................HB 799 Hotel-motel tax; rate..........................................................................................................HB 770 Hollywood, California; registration as official trademark; application.......................................................................................................................HR 541 Housing projects; allocation system.................................................................................HB 843

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2595

LOCAL GOVERNMENTS (Also, see Counties or Municipalities) (Continued) Indebtedness; file annual report.......................................................................................HB 248 Insurance; county tax; proceeds .......................................................................................HB 617 Joint county and municipal sales tax; special districts; proceeds...............................HB 220 Low phosphorus household laundry detergents; retail sales; local governments to mandate ...........................................................................HB 719 Metropolitan Area Planning and Development Commissions; budgeting provisions.......................................................................................................HB 163 Municipal courts; violations; maximum period of confinement..................................HB 908 Municipalities; annexation; repeal certain provision ....................................................HB 504 Municipalities; boundaries; certain exceptions..............................................................HB 278 Municipalities; certain annexation; county approval....................................................HB 465 Municipalities; certain petitions to amend charters; requirements............................HB 723 Municipalities; council members voting on matters of personal interest ..............................................................................................................SB 169 Municipalities; officers' terms; General Assembly authorization................................HB 113 Municipalities; property conveyance; requirements.......................................................SB 245 Municipalities; violation of ordinance; service of notice...............................................SB 244 Municipal officers and employees; compensation increases; date................................SB 364 Northeast Georgia Surface and Air Transportation Commission; create.........................................................................................................HB 853 Peace officers; training expenses; certain reimbursement..........................................HB 1093 Public Employees Relations Commission; create..........................................................HB 862 Public officials; residency requirements; counties and municipalities.......................HB 401 Quality Basic Education; isolated schools grants; continuation..................................HB 415 Redevelopment powers; taxable value; definition .........................................................HB 247 Single-family residences; housing disabled persons......................................................HB 915 Special county sales tax; amend or repeal provisions...................................................HB 267 Special county sales tax; change termination date........................................................HB 228 Street improvement bonds; interest rate........................................................................HB 377 Transportation Department; traffic control devices; installation...............................HB 395 Zoning Procedures Law for Metropolitan Counties; enact..........................................HB 555
LONG, MARVRICK;compensate......................................................................................HR 90
LOOKOUT MOUNTAIN CIRCUIT; add judge..........................................................SB 132
LOTTERY Delete prohibitions - CA .....................................................................................................HR 28 Disposition of proceeds - CA..............................................................................................HR 11 Exempt certain bingo games - CA.....................................................................................HR 13 Hospital care of indigent and educational purposes; proceeds - CA............................HR 69 Joint State-wide Lottery Study Committee; create........................................................HR 29 Nonprofit religious institutions ..........................................................................................HB 26 Provide...................................................................................................................................HB 48 Provide - CA...........................................................................................................................SR 30
LOWNDES COUNTY Board of commissioners; compensate..............................................................................HB 621 Board of education; elections............................................................................................HB 295 Enhanced 911 Service District Act; enact......................................................................HB 991 Motor vehicles; designated registration...........................................................................HB 297
LUDOWICI, CITY OF; election district .........................................................................SB 375
LUMPKIN COUNTY Commissioner; compensation..........................................................................................HB 1048 Tax commissioner; compensation...................................................................................HB 1047
LUNG, MARTY;commend................................................................................................HR 546

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2596

INDEX

M

MACON, CITY OF Macon as Permanent Site of Music Hall of Fame; create Commission.....................SR 176 Macon College; convert to four-year college ..................................................................HR 408 Macon-Water Commissioners Pension Plan; benefits ...................................................SB 341 Mayor and council members; election; date to take office ..........................................HB 736 Middle Georgia Coliseum Authority; bond issuance.....................................................HB 905
MACON JUDICIAL CIRCUIT; district attorney; supplements ..............................HB 906
MADISON, COACH CARL; commend..........................................................................HR 510
MADISON COUNTY; board of commissioners; compensation..................................HB 902
MAGISTRATE COURTS Chief magistrates; minimum compensation.....................................................................SB 372 Extradition............................................................................................................................SB 139 Jurisdiction..........................................................................................................................HB 743 Juvenile court; designate referee as juvenile court magistrate....................................HB 222 Magistrates Retirement System; create ..........................................................................HB 937 Municipal courts; violations; maximum period of confinement..................................HB 908 Official bond; recording.....................................................................................................HB 108
MALLARD, ANDREW WILSON; commend..............................................................HR 358
MALOOF, HONORABLE MANUEL J.; commend...................................................HR 494
MALT BEVERAGES (Also, see Alcoholic Beverages and Alcoholism) Excise tax.............................................................................................................................HB 477 Excise tax.............................................................................................................................HB 690
MANCHESTER, CITY OF; mayor and councilmembers; election............................HB 967
MARIETTA, CITY OF Ad valorem tax; educational purposes.............................................................................HB 848 Board of education; eliminate freeholders requirements..............................................HB 849 Cobb County-Marietta Water Authority; membership; terms....................................HB 901 Convey property......................................................................................................................SR 5 Downtown Marietta Development Authority; membership; election.........................HB 840 Marietta-Cobb County Anti-Drug Commission; provide ..............................................SB 340 Mayor and councilmen; qualifications..............................................................................SB 398 Mayor and councilmen, qualifications; mayor pro tern, salary; municipal court, appointment and removal of employees.......................................HB 847
MARIJUANA Controlled substances; taxation........................................................................................HB 164 Drug Abuse and Drug Trafficking Study Committee; create......................................HR 365 Drug trafficking; school property; separate offense .......................................................SB 204 Pardons and Paroles; restrictions .....................................................................................SB 280 Sales to minors; penalty ....................................................................................................HB 349 Sales to minors; penalty....................................................................................................HB 793 Special investigative grand juries; drug trafficking; jurisdiction - CA...............................................................................................................HR 36 Trafficking; minors; penalty..............................................................................................HB 520 Trafficking; penalty ..............................................................................................................HB 30
MARIST SCHOOL WAR EAGLES BASKETBALL TEAM Commend 1987-88 athletes and athletic teams .............................................................. HR 521
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2597

MARKETS Georgia Agricultural Commodities Promotion Act; enact............................................HB 745 Vidalia onions; urge adoption of proposed federal marketing order..........................HR 172
MARRIAGE (Also, see Domestic Relations) Alimony; certain cohabitation; modification ..................................................................HB 879 Business license; marriage and family therapist; exemption.......................................HB 194 Counselors, Social Workers, Marriage and Family Therapists; supervisors ..................................................................................................HB 635 Employees' Retirement; domestic relations orders; requirements..............................HB 302 Family violence centers; county and municipal funds; grants.....................................HB 469 License; fees for family violence shelters........................................................................HB 196 License; waiting periods; amend provisions....................................................................HB 463 Paternal Rights Act; enact................................................................................................HB 543 Persons performing ceremonies.........................................................................................SB 197 Probate courts; retired judges perform marriage ceremonies......................................HB 339 Professional Counselors, Social Workers and Marriage and Family Therapists; termination of Board............................................................SB 294
MARTA (METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY) Atlanta; certain contracts; mayoral authorization ......................................................... HB 497 Operating costs; use of certain interest...........................................................................HB 670
MARTIN, BENJAMIN EARL, JR.; compensate .........................................................HR 91
MARTIN, CARL T., JR. Best wishes ..........................................................................................................................HR 509 Commend.............................................................................................................................HR 495
MARTIN, HONORABLE JIM Communication................................................................................................................Page 1201
MARTIN, TOWN OF; election of mayor........................................................................HB 270
MATHIAS, JANET P.; compensation............................................................................HR 222
MCDUFFIE COUNTY Board of commissioners; compensation...........................................................................HB 304 Coroner; annual salary.......................................................................................................HB 305
MCEACHERN HIGH SCHOOL WRESTLING TEAM; commend......................HR 324
MCGILL, HONORABLE SAM P.; condolences..........................................................HR 536
MCKINNEY, REPRESENTATIVE CYNTHIA; honor father ..............................HR 320
MCKINNEY'S POND RESTAURANT; recognize....................................................HR 355
MCMULLAN, HONORABLE J. L.; commend...........................................................HR 246
MCNAIR, JOE A.; commend............................................................................................HR 343
MCWHORTER, COACH MAC; invite to House .........................................................HR 123
MEDICAL PRACTICE (See Physicians and Osteopaths)
MEETINGS Administrative procedure; hearings; private session......................................................SB 346 General Assembly; open meetings - CA...............................................................................SR 4 Open meetings, notices; public records, definitions.......................................................SB 270 School disciplinary hearings; open meeting and records provisions............................SB 368 School disciplinary hearings; open meeting provisions.................................................HB 838 State government; certain elections; secret ballot.........................................................HB 890

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2598

INDEX

MENTAL HEALTH AIDS; certain persons; disclosure of confidential information....................................HB 842 Aircraft; operation while under the influence; prohibitions........................................HB 265 Autism Resource Center; support development............................................................HR 370 Autism Resource Center; support development............................................................HR 447 Children and youth; services for disturbed children.....................................................HB 560 Child support; dependent child; definition.....................................................................HB 556 Comprehensive treatment of alcoholics; effective date.....................................................HB 4 Electric shock devices; prohibitions.................................................................................HB 249 Guardianship; creation or termination; filing requirements........................................HB 257 Housing; residential care for elderly or mentally disabled.............................................SB 51 Local governments; single-family residences; housing disabled persons....................HB 915 Mentally retarded persons; community service; amend provisions ............................HB 894 Mentally retarded persons; community services; payment..........................................HB 638 Mentally retarded persons; death penalty; certain circumstances..............................HB 352 Mentally retarded; residential care facilities; admission requirements.................................................................................................HB 331 Mental retardation; screening newborns for certain disorder ........................................SB 39 Traumatic brain injury; definition....................................................................................SB 235
MERCER, RAY; commend................................................................................................HR 148
MERIT SYSTEM (Also, see State Employees and State Government) Employee hearing; representation......................................................................................HB 77 Employees; medical leave....................................................................................................HB 83 Interdepartmental transfer; test period ..........................................................................HB 167 State employees; certain dismissal; compensation .............................................................SB 3 State employees; interdepartmental transfers................................................................HB 343 State employees; on call time; compensation......................................................................SB 2 State employees; working test employee; amend application...........................................SB 9 Working test period; application to transfer..................................................................HB 104 Working test period; management review ......................................................................HB 291
MERIWETHER COUNTY; board of commissioners; compensation........................HB 461
MICHELS, STEPHANIE; commend..............................................................................HR 274
MIDDLETON, MARLA; commend ................................................................................HR 140
MILES, BERNARD F.; honor..........................................................................................HR 481
MILITARY AFFAIRS Ad valorem tax; exempt certain veterans organizations; referendum........................HB 266 Douglas County; convey property to United States Army Corps of Engineers..........................................................................................................SR 164 Employees' Retirement; certain credit..............................................................................HB 46 Employees' Retirement; certain military service; credit...............................................HB 318 Employees' Retirement; certain military service; credit...............................................HB 755 Employees' Retirement; certain National Guard service; credit.................................HB 695 Homestead exemption; certain veterans; benefits for surviving spouses ...................HB 508 Income tax; military and civil service retirement; exemption...................................HB 1099 Income tax; military pay and certain civilian employees; exemption........................HB 936 Joint Georgia Military College Study Committee; create...............................................SR 99 License plates; certain colors...........................................................................................HB 765 License plates; certain colors .............................................................................................SB 308 License plates; disabled veterans; design........................................................................HB 100 License plates; free for certain veterans .........................................................................HB 572 License plates; Tennessee National Guard; special tags..............................................HB 644 National Guard assist in fight against drugs...................................................................HR 71

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INDEX

2599

MILLER BREWING COMPANY; commend..............................................................HR 485
MILLER, REBECCA JANE; compensation.................................................................HR 215
MIMS, WRIGHT WILSON; commend..........................................................................HR 341
MINERAL RESOURCES Sales tax; certain industrial materials; exemption........................................................HB 293 Sales tax; metal coins and bullion; exemption.............................................................HB 1087
MINORS Alcoholic beverages; retail package stores; prohibit certain persons........................HB 1119 Alcoholic beverages; sales to minors; proper identification .........................................HB 399 At-risk children and youth; establish certain goals........................................................SB 374 Autism Resource Center; support development............................................................HR 370 Autism Resource Center; support development............................................................HR 447 Child abuse; reporting; confidentiality............................................................................HB 787 Child abuse; testimony of certain children.....................................................................HB 711 Child custody; amend proceedings...................................................................................HB 946 Child custody; appeal procedures .....................................................................................SB 238 Child custody; pick-up from school by parent.................................................................HB 67 Child Health Services Act; create..................................................................................HB 1040 Child Health Services Act; create.....................................................................................SB 124 Children and youth; community innovation zones; designate......................................SB 382 Children and youth; family day-care home; definition.................................................HB 938 Children and Youth Investment Fund; traffic fines......................................................SB 353 Children and Youth Overview Committee; create.........................................................HB 958 Children and Youth Overview Committee; create..........................................................SB 355 Children and youth; services for disturbed children.....................................................HB 560 Child support; dependent child; definition.....................................................................HB 556 Child support; enforcement; amend provisions..............................................................HB 139 Child support; noncustodial parent; amend provisions.................................................SB 212 Child welfare agencies and certain day-care centers; licensing...................................HB 114 Controlled substances; sales to minors; penalty............................................................HB 349 Controlled substances; sales to minors; penalty............................................................HB 793 Cruelty to children; admissibility of certain testimony.................................................SB 153 Cruelty to children; offense of reckless abandonment....................................................HB 29 Custody of Human Resources; services............................................................................SB 350 Cyclorama; school children not paying admission fee; repeal Act creating..........................................................................................................HB 920 Day camps; regulation........................................................................................................HB 231 Driver's license; delay issuance to certain minors.........................................................HB 666 Drug trafficking; felony......................................................................................................HB 355 Drug trafficking; penalty...................................................................................................HB 520 Education; school social workers; employment..............................................................HB 657 Education; school social workers; employment..............................................................HB 677 Evidence; child's statement on sexual conduct and abuse...........................................HB 366 Evidence; child's testimony on sexual conduct and abuse...........................................HB 397 Firearms dealer; ammunition to underage persons.......................................................HR 409 Georgia Transfers to Minors Act; enact..........................................................................HB 256 Guardianship; certain actions by minors; bond requirements......................................SB 207 House Abandonment of Infants Study Committee; create............................................HR 68 Income tax; child care credit............................................................................................HB 241 Income tax credit; child or dependent care......................................................................HB 25 Interference with custody; define offense.......................................................................HB 633 Juvenile court; designate referee as juvenile court magistrate....................................HB 222 Juvenile court; director of guardian ad litem; appointment........................................HB 595 Juvenile courts; district attorney conduct delinquency proceedings...........................SB 287 Juvenile Intake Workers and Probation Officers; state subsidies...............................SB 227

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2600

INDEX

MINORS (Continued) Juvenile proceedings; detention homes for delinquent children..................................SB 180 Juveniles; detention proceedings.......................................................................................SB 371 Marriage license; waiting periods; amend provisions....................................................HB 463 Mental retardation; screening newborns for certain disorder ........................................SB 39 Missing persons; exchange of certain information on juveniles................................HB 1085 Motorcycles; headgear; certain persons.........................................................................HB 1097 Schools; compulsory attendance; age for enrollment....................................................HB 149 Sexual offenses against children; age provisions..............................................................HB 27 Tobacco products; regulate sales......................................................................................HB 462 Transfer to youth development center............................................................................HB 111 Transporting in pickup trucks; prohibitions......................................................................HB 6 Transporting in pickup trucks; prohibitions....................................................................HB 95 Witnesses; competency of child; amend provisions.......................................................HB 218
MITCHELL, WILLIE PHENZIE, SR.; condolences..................................................HR 185
MITCHEM, LESLIE G., JR.; condolences....................................................................HR 286
MOHEAD, OSKER; commend .........................................................................................HR 508
MONROE COUNTY; superior court clerk; compensation............................................SB 253
MONTICELLO, CITY OF; employment; residency requirements .............................SB 281
MOODY, WILLIAM SCOTT; compensation................................................................HR 166
MORGAN COUNTY; Water and Sewerage Authority; create....................................HB 875
MORRIS, JASPER AND MONTENE; congratulate.................................................HR 404
MORROW SENIOR HIGH SCHOOL GIRLS BASKETBALL TEAM Commend............................................................................................................................ HR 525
MORROW SENIOR HIGH SCHOOL HEALTH OCCUPATION CLUB'S PROJECT SPLASH; commend ...................................................................................HR 456
MORTON, MALCOLM O.; commend............................................................................HR 248
MORTON, REVEREND JAMES; commend...............................................................HR 475
MOSES, EDWARD C.; wish a speedy recovery ............................................................HR 403
MOTOR CARRIERS Motor vehicles; weight limitations; federal specifications............................................HB 438 Vehicles transporting forest products; exceptions.........................................................HB 887
MOTOR FUEL AND ROAD TAX (Also, see Gas, Gasoline and Gas Service or Motor Vehicles and Traffic) Excise tax...............................................................................................................................HB 14 Rate.......................................................................................................................................HB 144 Remove exemption from sales tax ...................................................................................HB 338 Sales tax and second motor fuel tax; refund for diesel fuel purchases......................HB 423 Urge Congressional Delegation to oppose.......................................................................HR 112
MOTOR VEHICLE ACCIDENT INSURANCE Adverse underwriting decision...........................................................................................SB 127 Auto Insurance Costs Containment; create joint committee..........................................SR 60 Cancellation notice; certain fines.....................................................................................HB 255 Cancellation notice to Public Safety; restricted driving permit....................................HB 99 Certain premium reductions.............................................................................................HB 437 Claimant; certain information...........................................................................................SB 175 Claims; determine value of vehicle.....................................................................................SB 32

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INDEX

2601

MOTOR VEHICLE ACCIDENT INSURANCE (Continued) Definition of insured..........................................................................................................HB 177 Driving under the influence; second conviction; insurance coverage ...........................HB 37 Driving without proof; penalty.........................................................................................HB 455 Financial responsibility; proof............................................................................................HB 38 Loss of income for sole shareholder...................................................................................HB 57 Motor Vehicle Theft and Insurance Fraud Reporting Immunity Act; enact....................................................................................................HB 1111 Nonresidents; certain exemptions....................................................................................HB 501 Payment of claim within 30 days; interest.....................................................................HB 393 Premium reduction for certain persons .............................................................................SB 49 Proof; amend provisions.....................................................................................................SB 199 Restricted driving permits .....................................................................................................SB 7 Revise provisions.................................................................................................................HB 699 Uninsured motorist; applicability ....................................................................................HB 904
MOTOR VEHICLES AND TRAFFIC Abandoned motor vehicles; liens; filing fee.....................................................................SB 328 Abandoned motor vehicles; removal and storage ............................................................HB 74 Accidents; injuries to dog or cat.........................................................................................HB 33 Alcoholic beverage; open containers while driving; prohibitions ................................HB 537 Alcoholic beverages; sales to minors; proper identification .........................................HB 399 All-terrain vehicles; regulation..........................................................................................HB 682 Applications; bond requirements for certain persons...................................................HB 582 Auto Insurance Costs Containment; create joint committee..........................................SR 60 Chemical tests; serious traffic accident............................................................................SB 347 Children and Youth Investment Fund; traffic fines......................................................SB 353 Children; transporting in pickups; prohibitions.................................................................HB 6 Children under 14 years; transporting in pickups; prohibitions...................................HB 95 Clark Atlanta University; special license plates ............................................................HB 117 Colleges; campus police; speed detection devices..........................................................HB 324 Commercial Code; sales; certain collateral.....................................................................HB 943 Commercial driver's license; provide...............................................................................HB 130 Disabled veterans; design ..................................................................................................HB 100 Driver education course; remove from list for enrollment counts..............................HB 152 Driver's license; abstracts of record; certain employment..............................................HB 40 Driver's license; delay issuance to certain minors.........................................................HB 666 Driver's license; deposit in lieu of bail; certain cases ...................................................HB 590 Driver's license; juveniles; suspension for certain acts....................................................SB 68 Driver's license; persons holding Class 1 permits; certain restrictions..........................................................................................................HB 402 Driver's license; revocation for certain offenses; points................................................HB 146 Driver's license; suspension; certain plea and payment of fine...................................HB 185 Driver's license; suspension; defensive driving course; requirement..........................HB 916 Driver's license; suspension; defensive driving course; requirement........................HB 1031 Driver's license; suspension for failure to assist in accidents.......................................SB 195 Driver's license; suspension; notification by certified mail............................................HB 20 Driver's license; suspension; notify Public Safety Department....................................SB 248 Driver's license; suspension; reckless driving; penalty...................................................SB 200 Driving under the influence; probationary driver's license; amend provisions ..............................................................................................HB 663 Driving under the influence; second conviction; insurance coverage...........................HB 37 Driving under the influence; seizure of vehicle; certain violations.............................HB 507 Eluding a peace officer; penalty for offense....................................................................SB 196 Emission inspection sticker; windshield replacement......................................................SB 27 Firefighters; special license plates....................................................................................HB 544 Franchised Motor Vehicle Practices Study Committee; create...................................HR 189 Handicapped identification card; issuance.....................................................................HB 601

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2602

INDEX

MOTOR VEHICLES AND TRAFFIC (Continued) Handicapped parking; businesses; additional spaces....................................................HB 261 Handicapped parking; designation....................................................................................SB 164 Handicapped parking fines; use of funds .....................................................................HB 1116 Highways; left turn only lanes; prohibitions..................................................................HB 603 Highways; length and load of vehicle; limits..................................................................HB 431 Highways; length and weight of vehicles and semi-trailers rear-end protection device...............................................................................................HB 53 Highways; length of certain vehicles transporting live poultry; restrictions.................................................................................................HB 473 Highways; length of vehicles; amend provisions...............................................................SB 53 Highways; length of vehicles; requirements....................................................................HB 464 Highways; weights and load of vehicles; permits...........................................................HB 534 House Drivers' Licensing Study Committee; create......................................................HR 243 House Motor Vehicle Safety Inspection Study Committee; create..............................HR 96 House Truck Safety Study Committee; create..............................................................HR 407 Hunting deer at night from boat or vehicle; amend provisions..................................HB 987 Improperly parked cars; removal.....................................................................................HB 492 Inspection; certain vehicles................................................................................................HB 21 Insurance; adverse underwriting decision........................................................................SB 127 Insurance; cancellation notice; certain fines...................................................................HB 255 Insurance; cancellation notice to Public Safety; restricted driving permit..................................................................................................HB 99 Insurance; certain premium reductions...........................................................................HB 437 Insurance; claim; value of vehicle; determination ............................................................SB 32 Insurance; driving without proof; penalty ......................................................................HB 455 Insurance; financial responsibility; proof..........................................................................HB 38 Insurance; fraudulent claim on stolen vehicles............................................................HB 1086 Insurance; nonresidents; certain exemptions..................................................................HB 501 Insurance; premium reduction for certain persons ..........................................................SB 49 Insurance; proof; amend provisions..................................................................................SB 199 Insurance; regulate rates......................................................................................................HB 23 Insurance; restricted driving permits ...................................................................................SB 7 Insurance; revise code provisions.....................................................................................HB 699 Insurance; unfair practices; aftermarket crash parts....................................................HB 201 Insurance; uninsured motorist; applicability..................................................................HB 904 Insurers; delivery of stolen vehicle affidavits; requirements ..........................................SB 50 Joint Title 40 Study Committee; create .........................................................................HR 316 License plates and registration; amend provisions........................................................HB 131 License plates; military; certain colors............................................................................HB 765 License plates; military; certain colors.............................................................................SB 308 License plates; colleges or universities; special tag........................................................SB 342 License plates; free for certain veterans .........................................................................HB 572 License plates; Tennessee National Guard; special tags..............................................HB 644 Licensing and registration; tax returns; date.................................................................HB 694 Limousine services; regulation by Public Service Commission...................................HB 912 Motorcycle Awareness and You Month, May, 1989; recognize.....................................HB 59 Motorcycles; headgear; certain persons.........................................................................HB 1097 Motorcycles; headsets and headphones; authorization.................................................HB 280 Motorcycles; headsets and headphones; authorization..................................................SB 118 Mopeds; limited driving permits......................................................................................HB 632
Motor fuel; remove exemption from sales tax ...............................................................HB 338
Motor fuels; amount of excise tax......................................................................................HB 14
Motor fuel tax; rate ............................................................................................................HB 144
Motor fuel tax; urge Congressional Delegation to oppose............................................HR 112
Motor Vehicle Theft and Insurance Fraud Reporting Immunity Act; enact....................................................................................................HB 1111

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INDEX

2603

MOTOR VEHICLES AND TRAFFIC (Continued) Municipalities; certain traffic fines; payment........................................................,.......HB 246 New motor vehicles; manufacturers; failure to conform to warranty.......................HB 1049 Nonresidents; service of process; amend..........................................................................SB 321 Nonresidents; time for registration..................................................................................HB 785 Pawnbrokers; motor vehicle lease or purchase ..............................................................HB 372 Probation; ignition interlock device; installation............................................................SB 123 Property; removal of vehicles improperly parked .........................................................HB 212 Public facilities; barriers to handicapped; funds for removal - CA............................HR 467 Reflective materials on windows......................................................................................HB 208 Reflectors on certain trailers; requirements...................................................................HB 538 Registration; temporary grace period..............................................................................HB 126 Registration; time limitation.............................................................................................HB 732 Rentals; regulation..............................................................................................................HB 565 Rules of the road; funeral procession..............................................................................HB 409 Safety and equipment inspection; requirements...........................................................HB 518 Safety belts; requirements...................................................................................................HB 17 Sales tax and second motor fuel tax; refund for diesel fuel purchases......................HB 423 Sales tax; certain sales.......................................................................................................HB 655 Sales tax; sales of aircraft, vehicles and vessels.............................................................HB 172 School bus; change definition...........................................................................................HB 592 School bus; light requirements ..........................................................................................SB 213 School-crossing guards; citations........................................................................................HB 39 School-crossing guards; traffic regulation.......................................................................HB 128 Serious injury by vehicle; criminal offense.......................................................................HB 64 Service agreements; regulation.........................................................................................HB 314 Special license plates; colleges and universities; commemoration ..............................HB 301 Special license plates; retired General Assembly members .........................................HB 384 Speed detection devices; regulations on use...................................................................HB 750 State patrol; automobile racing events; services............................................................HB 308 State patrol; close highways in emergency situations...................................................HB 329 Tag agents; surety bond ....................................................................................................HB 101 Traffic enforcement; flashing lights.................................................................................HB 388 Traffic offenses; fines; additional penalties.....................................................................SB 322 Traffic offenses; municipal jurisdiction...........................................................................HB 443 Traffic violations; district attorney act as prosecutor ...................................................SB 273 Transportation Department; traffic control devices; installation...............................HB 395 Used car dealers; definition ...............................................................................................SB 214 Used motor vehicle dealers; brokers and auctioneers; registration...........................HB 1084 Vehicles transporting forest products; exceptions.........................................................HB 887 Voter registration; driver's license examiners ................................................................HB 227 Weight limitations; federal specifications.......................................................................HB 438
MOTORCYCLE AWARENESS AND YOU MONTH, MAY, 1989; recognize ...HR 59
MOUNTAIN PARK, CITY OF; mayor and councilmen; compensation..................HB 794
MOUNTAIN PROTECTION ACT; enact.........................................................................SB 1
MOVIES House Movie Industry Study Committee; create............................................................HR 14 Sales tax exemption; videotape rentals...........................................................................HB 488
MOYE, HERBERT J.; condolences.................................................................................HR 529
MOYE, L. M. JR.; commend .............................................................................................HR 285
MUHAMMAD, MAKEDA; commend............................................................................HR 474

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2604

INDEX

MUNICIPALITIES (Also, see Local Governments or Named Municipality) Ad valorem tax; value and millage rates by local tax officials....................................HB 930 Air contaminants; construction of certain facilities; permit........................................HB 700 Alcoholic beverages; restaurants and inns; Sunday sales..............................................SB 277 Annexation; county approval............................................................................................HB 465 Annexation; repeal certain provision...............................................................................HB 504 Atlanta; certain contracts; mayoral authorization.........................................................HB 497 Atlanta; certain contracts; mayoral authorization..........................................................SB 323 Average daily attendance; repeal provision.....................................................................SB 240 Boards of education; election and number - CA .............................................................HR 23 Boards of education; election from single-member districts - CA..............................HR 163 Boundaries; certain exceptions.........................................................................................HB 278 Buildings; minimum standard codes; amend provisions ..............................................HB 154 Buildings; repair or close where drug crimes are committed ......................................HB 810 Business license; marriage and family therapist; exemption.......................................HB 194 Composition of governing authority; referendum - CA................................................HR 315 Council members voting on matters of personal interest .............................................SB 169 Counties and municipalities; fair rent commissions........................................................HB 86 Criminal abuse of office; certain acquisition....................................................................HB 13 Dangerous Dog Control Law; definitions........................................................................HB 630 Detention Buildings and Facilities Authorities Law; enact..........................................SB 367 Development impact fees ..................................................................................................HB 796 Elections; amend Code........................................................................................................SB 165 Elections; certain write-in candidates .............................................................................HB 408 Elections; challenge qualifications of candidates...........................................................HB 234 Elections; public officials; residency requirement.........................................................HB 401 Elections; recount; amend provisions.................................................................................SB 42 Elevators; certain buildings; exemption..........................................................................HB 136 Family violence centers; county and municipal funds; grants.....................................HB 469 Fire departments; minimum requirements.....................................................................HB 620 Handicapped parking fines; use of funds .....................................................................HB 1116 Hazardous waste disposal facilities; amend provisions...............................................HB 1124 Hazardous waste permits; refusal by county or municipality.......................................HB 75 Highways; contract negotiations........................................................................................SB 274 Historical preservation; ordinances; certain exemptions..............................................HB 799 Hollywood, California; registration as official trademark; application.......................................................................................................................HR 541 Hotel-motel tax; rate..........................................................................................................HB 770 Income tax; local peace officers retirement benefits; exemption................................HB 429 Joint county and municipal sales tax; increase rate.......................................................HB 45 Joint county and municipal sales tax; special districts; proceeds...............................HB 220 Joint Municipal Employees' Benefit System; certain credit unions...........................HB 262 Joint Municipal Employees' Benefit; credit unions......................................................HB 475 Juveniles; local justice services; funding..........................................................................SB 383 Law enforcement; training requirements; certain exemptions....................................HB 844 Legal advertisements; rates................................................................................................SB 271 Limited-access roads; municipal consent; certain exceptions......................................HB 757 Local boards of education; establish sick leave pools...................................................HB 370 Local boards of education; establish sick leave pools....................................................SB 147 Local boards of education; filling vacancies...................................................................HB 704
Local boards of education; vary length of school year; repeal certain provisions................................................................................................HB 951
Local government consolidation; procedures................................................................HB 1123
Local governments; appraisal requirements for purchase of property.......................HB 348
Local governments; bonds; investment of proceeds......................................................HB 631
Local governments; election from single-member district..............................................HB 79

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INDEX

2605

MUNICIPALITIES (Also, see Local Governments or Named Municipality) (Continued) Local governments; indebtedness; file annual report....................................................HB 248 Local governments; sales tax without certain limitation - CA....................................HR 279 Local legislation; advertisement; authorization..............................................................HB 522 Local school boards; other sources of revenue - CA.......................................................HR 72 Low phosphorus household laundry detergents; retail sales; local governments to mandate ...........................................................................HB 719 Metropolitan Area Planning and Development Commissions; budgeting provisions.......................................................................................................HB 163 Municipal courts; bailable offense before superior court judge; notification..................................................................................................SB 255 Municipal courts; violations; maximum period of confinement ..................................HB 908 Municipal Gas Authority; location of office; amend provisions......................,...........HB 742 Northeast Georgia Surface and Air Transportation Commission; create..................HB 853 Officers' terms; General Assembly authorization ..........................................................HB 113 Officers and employees; compensation increases; date..................................................SB 364 Peace officers; training expenses; certain reimbursement..........................................HB 1093 Personal property sales; vendor repurchase ...................................................................HB 391 Petitions to amend charters; requirements ....................................................................HB 723 Physicians for Rural Area Assistance Act; enact...........................................................HB 567 Planning and zoning powers; amend procedures - CA...................................................HR 88 Property conveyance; requirements ..................................................................................SB 245 Public authorities; board of directors; powers ...............................................................HB 350 Public facilities; barriers to handicapped; funds for removal - CA............................HR 467 Public officers and employees; liability insurance; immunity ...................................HB 1122 Public officials; residency requirements..........................................................................HB 401 Public Safety Department; reimbursement for certain services of state patrol ...................................................................................................HB 698 Quality Basic Education; isolated schools grants; continuation..................................HB 415 Quality Basic Education; length of school year; amend certain provisions............................................................................................................HB 325 Rewards in felony cases; authorization ...........................................................................HB 432 Rules of the road; funeral procession..............................................................................HB 409 Solid waste disposal contracts; bids..................................................................................SB 237 Solid Waste Planning, Recycling and Reduction Act; enact.......................................HB 521 Speed detection devices; regulations on use...................................................................HB 750 State-wide planning and development; facilitate..........................................................HB 215 Teachers and certificated employees; certain employment continuation; compensation.........................................................................................HB 1054 Telephone service; toll free dialing; certain intracounty calls.....................................HB 720 Traffic fines; payment........................................................................................................HB 246 Traffic offenses; fines; additional penalties.....................................................................SB 322 Traffic offenses; jurisdiction.............................................................................................HB 443 Violations of ordinance; service of notice........................................................................SB 244
MURDER Bonds; grant for certain conviction .................................................................................HB 132 Death penalty; offense during apprehension..................................................................HB 173 Death penalty; offense of murder as part of ceremony or ritual................................HB 224 Property owner; failure to disclose certain information; prohibit action.................................................................................................................HB 519 Public retirement systems; no benefits paid when certain crimes committed..............................................................................................HB 764
MURPHY, CAROL MEADOWS; commend................................................................HR 368
MURPHY, HONORABLE THOMAS B.; happy birthday.......................................HR 464

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2606

INDEX

MURRAY COUNTY Board of education; existence; repeal..............................................................................HB 434 Chief magistrate; compensation .......................................................................................HB 445
MUSCOGEE COUNTY Board of Education Study Committee; create...............................................................HR 311 Coroner's compensation.....................................................................................................HB 969 Probate court judge; salary...............................................................................................HB 797 State court; judges' compensation....................................................................................HB 812 State court solicitor and assistants; compensation........................................................HB 861
MUSIC "Tutti Frutti"; designate as official rock and roll song................................................HR 224 Macon as Permanent Site of Music Hall of Fame; create Commission .....................SR 176

N
NATIONAL ASSOCIATION OF HOME BUILDERS AND BUILDING INDUSTRY ASSOCIATION OF GEORGIA; commend.....................................HR 532
NATIONAL 4-H CHAMPIONS; invite to House.........................................................HR 37
NATIONAL GIRLS AND WOMEN IN SPORTS DAY; recognize.....................HR 209
NATIONAL GUARD Assist in fight against drugs................................................................................................HR 71 Employees' Retirement; certain service; credit..............................................................HB 695 License plates; certain colors ............................................................................................HB 765 License plates; certain colors .............................................................................................SB 308 License plates; Tennessee National Guard; special tags..............................................HB 644
NATIONAL RIFLE ASSOCIATION; support position .............................................HR 86
NEAL, IDA AND GEORGIA TECH LADY JACKETS BASKETBALL TEAM; commend .............................................................................. HR 397
NELSON, CHAP; commend................................................................................................HR 47
NEWTON COUNTY Board of commissioners; chairman's compensation......................................................HB 678 Water and Sewerage Authority; membership.................................................................HB 874
NO FAULT INSURANCE (See Motor Vehicle Accident Insurance)
NONPROFIT CORPORATIONS Amend Code ....................................................................................................................... HB 335 Amend Code ....................................................................................................................... HB 336 Insurance; fraternal benefit societies; revise provisions.............................................HB 1129 Lotteries; nonprofit religious institutions.........................................................................HB 26 Sales tax exemption; certain property of Boy Scouts or Girls Scouts.................................................................................................................HB 158 University System; charitable organizations; payroll deductions...........................................................................................................HB 159
NONRESIDENTS Itinerant entertainers; service of process; amend...........................................................SB 321 Motor vehicle insurance; certain exemptions.................................................................HB 501 Wholesale fish dealers; fees...............................................................................................HB 672
NORCROSS, CITY OF; council; staggered terms.......................................................HB 1062
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INDEX

2607

NORTHEASTERN JUDICIAL CIRCUIT; judges; supplement.............................SB 405
NOUR, ELIAS; honor.........................................................................................................HR 154
NU CHAPTER OF THE IOTA PHI LAMBDA SORORITY; commend...........HR 557
NUISANCES Agricultural facility; amend definition............................................................................HB 692 Buildings; repair or close where drug crimes are committed ......................................HB 810
NUNN, HONORABLE SAM; commend.......................................................................HR 519
NURSES Health insurance; service by certified registered nurse; reimbursement.................................................................................................................HB 171 Hospital authorities; powers..............................................................................................SB 229 Joint Health Care Personnel Supply and Planning Study Committee; create.............................................................................................................HR 31 Nursing pools; regulation...................................................................................................HB 751
NURSING HOMES County boards of health; treatment of certain patients; standards ...........................HB 974 Employee records check; licensing...................................................................................HB 296 Estates; decedent's residence and court jurisdiction.....................................................HB 157 Life insurance; provision for long term care rider.........................................................HB 206 Receiverships; certain violations ..........................................................................................HB 3

o

OAKWOOD, CITY OF; council; meeting and elections...............................................HB 422
OBSCENITY; crimes; offense of disorderly conduct.....................................................HB 542
OCONEE COUNTY; Utility Authority; disposition of property.................................HB 763
ODOM, J. R.; commend ......................................................................................................HR 499
OFFICE OF LEGISLATIVE COUNSEL; commend.................................................HR 559
OGLETHORPE COUNTY Board of commissioners; chairman's compensation......................................................HB 138 Water Authority; create.....................................................................................................HB 892
OLIVER, CLINT;commend..............................................................................................HR 141
OLYMPICS Georgia State Games Commission; create ......................................................................HB 660 Georgia State Games Commission; create.......................................................................SB 194 Joint Session; message from Juan Antonio Samaranch, President, International Olympic Committee............................................................HR 192 Metropolitan Atlanta Olympic Games Authority; create.............................................HB 659 Payne, William (Billy) Porter; invite to House .............................................................HR 505
OMAR TEMPLE NO. 21, PRINCE HALL SHRINERS; commend ...................HR 389
ONE HUNDREDTH ANNIVERSARY OF THE STATE CAPITOL; commemorate......................................................................................................................HR 353
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2608

INDEX

OSBORN, DANIEL AND GAIL; congratulate............................................................HR 429

PAGE, THOMAS SMITH, III; commend.....................................................................HR 523
PARDONS AND PAROLES Certain conviction; serve one-third of sentence - CA......................................................SR 37 Election - CA.........................................................................................................................HR 25 Peace Officer Standards and Training Council; certificate; prohibit denial after certain pardon............................................................................HB 188 Prisoners; certain requirements; education instruction................................................HB 386 Prisoners; transmittal information; notification.............................................................SB 354 Restrictions; certain offenses.............................................................................................SB 280 State Board of Pardons and Paroles; members; terms - CA..........................................SR 96
PARENT AND CHILD Alimony and child support; salary deductions...............................................................HB 243 At-risk children and youth; establish certain goals........................................................SB 374 Child abandonment; suspension of sentence.....................................................................SB 65 Child abuse; reporting; confidentiality............................................................................HB 787 Child abuse; testimony of certain children.....................................................................HB 711 Child custody; amend proceedings...................................................................................HB 946 Child custody; appeal procedures.....................................................................................SB 238 Child support; collection ......................................................................................................SB 63 Child support; dependent child; definition.....................................................................HB 556 Child support; enforcement; amend provisions..............................................................HB 139 Child support; limitation on action.................................................................................HB 563 Child support; noncustodial parent; amend provisions .................................................SB 212 Consent for surgical and medical treatment; adult child for parent..........................HB 715 Cruelty to children; admissibility of certain testimony.................................................SB 153 Cruelty to children; offense of reckless abandonment....................................................HB 29 Evidence; child's testimony on sexual conduct and abuse...........................................HB 397 House Abandonment of Infants Study Committee; create............................................HR 68 Interference with custody; define offense.......................................................................HB 633 Marriage license; waiting periods; amend provisions....................................................HB 463 Paternal Rights Act; enact ................................................................................................HB 543 Paternity; payment of certain fees; amend provisions..................................................HB 353 Sexual offenses against children; age provisions..............................................................HB 27
PARKS, HISTORIC AREAS AND COMMEMORATIONS Ad valorem tax; rehabilitated historic property; assessment.......................................HB 225 Chehaw Park Authority; quorum requirement............................................................HB 1015 Citizens' Committee for Skidaway Island State Park, Union Camp Corporation and the Branigar Organization, Inc.; commend .......................HR 401 Citizens' Committee for Skidaway Island State Park, Union Camp Corporation and the Branigar Organization, Inc.; commend........................SR 170 Cyclorama; school children not paying admission fee; repeal provision....................HB 920 Facilities; reduced fees for disabled veterans.................................................................HB 129 Georgia Trust for Historic Preservation, Inc; convey property...................................HR 321 Historical preservation; ordinances; certain exemptions..............................................HB 799 Jekyll Island-State Park Authority; membership.............................................................SB 99 Register of Historic Places; establish..............................................................................HB 226 Roosevelt State Park; property boundaries....................................................................HR 107 U. S. 441 Business Historic Route; designate ..................................................................HR 74
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INDEX

2609

PAULDING COUNTY; magistrate court; library fees ................................................HB 907
PAWNBROKERS Amend regulations...............................................................................................................SB 264 Motor vehicle lease or purchase.......................................................................................HB 372 Property storage; fee..........................................................................................................HB 860
PAYNE CHAPEL; commend..............................................................................................HR 82
PAYNE, SERGEANT BILLY FRANKLIN; commend............................................HR 232
PAYNE, WILLIAM (BILLY) PORTER; invite to House .......................................HR 505
PEACE OFFICERS (See Law Enforcement Officers and Agencies)
PEACH COUNTY Board of commissioners; compensate............................................................................HB 1063 Library fees; collection.......................................................................................................HB 829 Probate court; possession of marijuana; jurisdiction ....................................................HB 995
PELHAM, CITY OF; mayor and council members; election.......................................HB 790
PENAL INSTITUTIONS Child abandonment; suspension of sentence.....................................................................SB 65 Child support; collection ......................................................................................................SB 63 Correctional Industries Administration; capital projects; powers................................................................................................................SB 257 County jails; room and board; reimbursement fee........................................................HB 317 Courts; judge release defendant on personal recognizance..........................................HB 466 Detention Buildings and Facilities Authorities Law; enact..........................................SB 367 Emergency confinement facilities; provide.....................................................................HB 499 Escape; definition of offense................................................................................................SB 66 Evidence; defendant's testimony; impeachment.............................................................SB 217 House Disparity in Sentencing and Sentencing Reform Study Committee; create.................................................................................................HR 70 Income tax return form; certain designation; assignment............................................HB 792 Jail Construction and Staffing Act; enact.........................................................................SB 26 Juvenile Intake Workers and Probation Officers; state subsidies...............................SB 227 Juvenile proceedings; detention homes for delinquent children..................................SB 180 Juveniles; detention proceedings.......................................................................................SB 371 Juveniles; transfer to youth development center...........................................................HB 111 Misdemeanors; certain crimes; maximum fine...............................................................HB 588 Misdemeanors; penalty; amend provisions.........................................................................HB 2 Pardons and Paroles; attorney's representative appear before Board........................SB 211 Pardons and Paroles; certain conviction; serve one-third of sentence - CA ................................................................................................................SR 37 Pardons and Paroles; certain offenses; restrictions........................................................SB 280 Peace Officer Standards and Training Council; certificate; prohibit denial after certain pardon ............................................................................HB 188 Prisoners; certain requirements; educational instruction.............................................HB 386 Prisoners; probated or revoked sentence; alternative service........................................HB 94 Prisoners; transmittal information; notification.............................................................SB 354 Privatization of Penal Institutions Study Committee; create.......................................HR 18 Probation; community service in lieu of incarceration....................................................SB 67 Probationers; places of residence; reporting...................................................................HB 616 Probation; ignition interlock device; installation............................................................SB 123 Regional jails; probation revocation; transfer to original county............................................................................................................HB 576 State employees; hospitals and correctional facilities; night shift supplements....................................................................................................SB 47

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INDEX

PENAL INSTITUTIONS (Continued) Transfer of inmates; fees....................................................................................................SB 149 Witness fees; law enforcement personnel........................................................................HB 260
PERDUE, COACH TOMMY AND ROBERT E. LEE HIGH SCHOOL "REBELS"; invite to House..............................................................................................HR 62
PERMANENT HOMES FOR CHILDREN IN GEORGIA PROGRAM Commend............................................................................................................................ HR 291
PERRY, CITY OF; adoption of ordinances; provisions................................................HB 740
PESTICIDES AND PEST CONTROL Aerial contractor; licensing................................................................................................HB 552 Applications; post certain signs........................................................................................HB 204 Contamination cases; remove liability limitation............................................................HB 11 Structural Pest Control Commission; composition .....................................................HB 1103 Structural Pest Control Commission; termination........................................................HB 885
PETROLEUM PRODUCTS (See Gas, Gasoline and Gas Service)
PHARMACISTS (See Prescription Drugs and Pharmacists or Professions and Businesses)
PHYSICAL THERAPISTS Hospitals; equipment purchases; exemptions..................................................................SB 133 Physical Therapy, State Board; powers; definitions.....................................................HB 379
PHYSICIANS AND OSTEOPATHS Ad valorem tax; certain property of hospital authorities; exemption ........................HB 683 Application for privileges; authorization.........................................................................HB 703 Buying or selling of human body parts; define offense................................................HB 634 Child Health Services Act; create..................................................................................HB 1040 Child Health Services Act; create.....................................................................................SB 124 Civil actions; medical malpractice; tolling of limitations.............................................HB 895 Consent for surgical and diagnostic procedures; time ..................................................HB 817 Consent for surgical and medical treatment; adult child for parent..........................HB 715 Continuing education.........................................................................................................HB 702 Continuing education.........................................................................................................HB 798 Emergency Medical services personnel; responsibility..................................................SB 320 Evidence; expert witnesses; medical malpractice; actions..........................................HB 1135 Facilities for treatment of traumatic brain injury..........................................................SB 360 Generic drugs; certain wording on prescription forms; requirements ........................HB 709 Generic drugs; refill provisions.........................................................................................HB 708 Georgia Health Insurance Pool; create............................................................................HB 392 Health care; attorney in fact to make certain decisions...............................................HB 999 Health insurance; direct payment to provider...............................................................HB 311 Health insurance; service by certified registered nurse personnel; reimbursement..................................................................................HB 171 Hospital care for pregnant women; amend provisions..................................................HB 597 Hospitals; equipment purchases; exemptions..................................................................SB 133 Hospitals; staff privileges; prohibit discrimination........................................................SB 333 Joint Health Care Personnel Supply and Planning Study Committee; create............................................................................................................,HR 31 Medical malpractice; mandatory arbitration for certain claims................................HB 1011 Nursing pools; regulation...................................................................................................HB 751 Pharmacy; dispensing drugs; amend provisions.............................................................HB 209 Physical Therapy, State Board; powers; definitions.....................................................HB 379 Physicians for Rural Areas Assistance Act; enact.........................................................HB 567 Polygraph examiners; rights of examinees; preservation of records............................SB 102

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PHYSICIANS AND OSTEOPATHS (Continued) Treatment of Medicare and Medicaid patients; requirement ...................................HB 1020 Workplace hearing conservation program; testing ........................................................HB 364 Workers' Compensation; selection of physician; authorization ...................................HB 359
PIGEON RIVER; urge certain action by Governor of Tennessee...............................HR 539
PIKE COUNTY JOURNAL AND REPORTER; commend...................................HR 442
PILOTS AND PILOTAGE; St. Marys Pilotage Commissioners; agreement with Florida......................................................................................................HB 612
PINKSTON, HONORABLE FRANK C.; commend..................................................HR 245
PLANNING AND DEVELOPMENT Counties and municipalities; planning and zoning powers; amend procedures - CA...................................................................................................HR 88 Redevelopment powers; taxable value; definition .........................................................HB 247 State-wide planning and development; facilities...........................................................HB 215
PODIATRY; continuing education requirements...........................................................HB 503
POLK COUNTY Board of elections and registration; create.....................................................................HB 868 Magistrate court; library fees............................................................................................HB 867 Tax commissioner; compensation.....................................................................................HB 413
POLYGRAPH EXAMINERS; preservation of records................................................SB 102
POOLER, CITY OF Corporate limits................................................................................................................HB 1038 Corporate limits; correct technical error.......................................................................HB 1009
PORT WENTWORTH, CITY OF; corporate limits....................................................HB 376
PORTS (See Waters, Ports and Watercraft)
POST MORTEM EXAM ACT Local medical examiner; definition..................................................................................HB 878 Medical examiners; certain examinations; fees ...............................................................SB 319 Medical examiners; embalm body before releasing........................................................SB 318 Medical Examiner Study Committee; create.................................................................HR 383
POSTSECONDARY EDUCATION Colleges and universities; student incentive grants.......................................................HB 417 Education Trust Act; create..............................................................................................HB 244 Education Trust Act; create..............................................................................................HB 819 House Postsecondary Vocational Education Laboratory, Equipment and Library Research Needs Study Committee; create...........................................HR 275 Postsecondary Education Authorization Act; additional exemption..........................HB 697 Postsecondary Vocational Educational Board; change reference to State Department of Technical and Adult Education........................HB 628 State Boards of Education and Technical and Adult Education; liaison committees..........................................................................................................HR 312 Student incentive grants; maximum awards..................................................................HB 160 University System; free tuition for faculty children.......................................................HR 34
POULAN, CITY OF; mayor and councilmen; election.................................................HB 832
PRESCRIPTION DRUGS AND PHARMACISTS Dispensing drugs; amend provisions................................................................................HB 209 Generic drugs; certain wording on prescription forms; requirements ........................HB 709

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PRESCRIPTION DRUGS AND PHARMACISTS (Continued) Generic drugs; refill provisions.........................................................................................HB 708 Medicaid Prescription Drug Bidding and Rebate Program...........................................HB 70 Medicaid Prescription Drug Bidding and Rebate Program..........................................SB 268 Medical assistance; urge control of drug expenditures.................................................HR 196 Operated by college of pharmacy; special permits..........................................................HB 58 Workers' Compensation; certain services; requirements ..............................................HB 686
PRIMARIES (See Elections)
PRINTING AND DOCUMENTS Joint Study Committee on Cost Display on State Publications; create.....................SR 110 State government; publications; repeal certain requirements ......................................SB 299
PRISONS (See Penal Institutions)
PROBATE COURTS Council of Probate Court Judges; contract with membership .....................................SB 104 County officials; filing certain affidavits and affirmations ..........................................HB 407 County officials; salary .......................................................................................................SB 159 Estates; decedent's residence and court jurisdiction.....................................................HB 157 Executive Probate Judges Council; election...................................................................HB 107 Filling vacancies; amend provisions..................................................................................SB 298 Guardianship; creation or termination; filing requirements........................................HB 257 Guardian; transfer jurisdiction of trust; judge's order..................................................HB 733 Judges of Probate Courts Retirement Fund; amend provisions .................................HB 444 Magistrates; official bond; recording ...............................................................................HB 108 Marriage license; fees for family violence shelters ........................................................HB 196 Marriage; persons performing ceremonies .......................................................................SB 197 Retired judges perform marriage ceremonies.................................................................HB 339 Traffic offenses; municipal jurisdiction...........................................................................HB 443 Traffic violations; district attorney act as prosecutor ...................................................SB 273 Trustee's appointment or resignation; jurisdiction.......................................................HB 259
PROBATION Child support; collection ......................................................................................................SB 63 Community service in lieu of incarceration.......................................................................SB 67 Escape; definition of offense................................................................................................SB 66 Ignition interlock device; installation ...............................................................................SB 123 Juvenile Intake Workers and Probation Officers; state subsidies ...............................SB 227 Prisoners; probated or revoked sentence; alternative service ........................................HB 94 Probationers; places of residence; reporting...................................................................HB 616 Regional jails; probation; revocation; transfer to original county............................................................................................................HB 576
PROFESSIONS AND BUSINESSES Accountants; examination requirements; amend provisions........................................HB 451 Alcoholic beverages; licensing; distance requirements ..................................................HB 168 Architecture; amend provisions.........................................................................................SB 230 Athletic contract; termination of college eligibility; notification ...................................SB 43 Athletic Trainers, Board of; termination date...............................................................HB 626 Auctioneers; qualifications.................................................................................................SB 198 Billiard rooms; regulation...................................................................................................SB 291 Blasting or excavating; notification; amend provisions ................................................HB 833 Bonds; coverage for fuel stolen at service stations........................................................HB 517 Business opportunity; definition ..........................................................................................HB 5 Chiropractors; certain sales; profits .................................................................................HB 661 Chiropractors; scope of practice .....................................................................................HB 1070 Civil action; professional negligence; affidavit requirement ........................................HB 320

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2613

PROFESSIONS AND BUSINESSES (Continued) Contractors; examination requirements; licensure ........................................................HB 344 Contractors; licensing examination; requirements.........................................................HB 435 Contracts; partial restraint of trade; exceptions............................................................HB 744 Contracts; trade secrets; determination..........................................................................HB 252 Corporations; filing requirements.....................................................................................HB 336 Corporations; shareholder requirements.........................................................................HB 245 Counselors, Social Workers, Marriage and Family Therapists; supervisors ..................................................................................................HB 635 Counties and municipalities; development impact fees................................................HB 796 Dental hygienists; continuing education requirements.................................................HB 705 Dental hygienists; licensing...............................................................................................HB 200 Dental hygienists; licensing...............................................................................................HB 953 Financial institutions; competitive practices; amend provisions..................................SB 150 Financial institutions; filing requirements.......................................................................SB 151 Financial institutions; mortgage bankers and brokers; licensing..............................HB 1104 Firearms dealer; information required of purchaser.....................................................HB 190 Fire extinguishers; regulations..........................................................................................HB 313 Fire sprinklers; regulations................................................................................................HB 535 Free Enterprise Day; proclaim March 8, 1989................................................................SR 222 Georgia Business Corporation Code; revise ....................................................................HB 335 Georgia Competitive Practices Act of 1989; enact........................................................HB 735 Going out of business sales; amend definition...............................................................HB 193 Governor's Private Sector Survey Committee on Cost Control in State Government; create.........................................................................................HR 225 Group life insurance; multiple employer welfare arrangements..................................HB 176 Handicapped parking; additional spaces ........................................................................HB 261 Health spas; certain contract provisions.........................................................................HB 341 Hearing Aid Dealers and Dispensers; examination ........................................................SB 343 House Catering Business Study Committee; create......................................................HR 244 Income tax; amend provisions..........................................................................................HB 482 Income tax; corporations; allocation of income..............................................................HB 467 Income tax; corporations; certain tax credits.................................................................HB 532 Income tax; job tax credit; certain counties...................................................................HB 240 Innkeepers; deposit; inspection of premises at check out..........................................HB 1079 Insurance; fraternal benefit societies; revise provisions .............................................HB 1129 Insurers; merger; financial statements.............................................................................SB 233 Insurers; transfer of domicile............................................................................................HB 566 Itinerant entertainers; service of process; amend...........................................................SB 321 Lawn sprinkler system; installation; requirements........................................................HB 600 Licensed Dietitians, Board of Examiners; termination date .......................................HB 470 Liens; repair of certain equipment; retain possession ...................................................SB 317 Limited partnerships and reservation of names............................................................HB 334 Medical malpractice; mandatory arbitration for certain claims................................HB 1011 Motor vehicle rentals; regulation .....................................................................................HB 565 Multiline heavy equipment dealers; regulation ..............................................................SB 141 Nurserymen and landscapers; agriculture priority during water shortages................................................................................................................HR 388 Nursing pools; regulation...................................................................................................HB 751 Pawnbrokers; amend regulations ......................................................................................SB 264 Pawnbrokers; motor vehicle lease or purchase ..............................................................HB 372 Pawnbrokers; property storage; fee..................................................................................HB 860
Pharmacy; dispensing drugs; amend provisions.............................................................HB 209
Physical Therapy, State Board; powers; definitions.....................................................HB 379
Physicians; continuing education.....................................................................................HB 702
Physicians; continuing education.....................................................................................HB 798
Physicians for Rural Areas Assistance Act; enact.........................................................HB 567

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PROFESSIONS AND BUSINESSES (Continued) Physicians; treatment of Medicare and Medicaid patients; requirement................HB 1020 Podiatrists; continuing education requirements............................................................HB 503 Polygraph examiners; preservation of records ................................................................SB 102 Principal and agent; professional service; charges.......................................................HB 1069 Professional Counselors, Social Workers and Marriage and Family Therapists; termination of Board............................................................SB 294 Property and casualty insurance; business by producer which controls insurer..................................................................................................HB 1130 Real Estate Commission; maintain certain records; licensing.....................................HB 340 Recreation Examiners, Board of; termination date...........................................................HB 8 Retail facilities; public restrooms.......................................................................................HB 87 Sanitarians and environmental health specialists; regulation .....................................HB 135 Seed Capital Fund; create.................................................................................................HB 151 State Boxing Commission; termination date......................................................................HB 7 Structural Pest Control Commission; composition .....................................................HB 1103 Structural Pest Control Commission; termination........................................................HB 885 Tanning facilities; registration..........................................................................................HB 952 Taxidermy Examiners, State Board; create....................................................................HB 453 Technical and Adult Education, State Board; staggered terms..................................HB 428 Torts; intoxicated persons; liability for acts...................................................................HB 546 U. S. 441 Business Historic Route; designate..................................................................HR 74 Uniform Partnership Act; amend.....................................................................................HB 333 Used motor vehicle dealers; brokers and auctioneers; registration...........................HB 1084 Used Motor Vehicles Dismantlers, Rebuilders, and Salvage Dealers, State Board; termination date .......................................................................SB 241 Utility contractors; licensing..............................................................................................SB 140 Wastewater treatment plant; permit...............................................................................HB 696 Water and wastewater treatment plant operators; continuing education .................HB 574 Wholesale fish dealers; fees for nonresidents.................................................................HB 672 Workplace hearing conservation program; testing........................................................HB 364
PROPERTY Abandoned motor vehicles; liens; filing fee.....................................................................SB 328 Ad valorem tax; agricultural, horticultural or forest land - CA....................................HR 15 Ad valorem tax; certain property; transferor's liability ................................................HB 586 Ad valorem tax; education; preparation of digests........................................................HB 421 Ad valorem tax; education; reduce mill limitation - CA..............................................HR 111 Ad valorem tax; exempt certain veterans organizations; referendum ........................HB 266 Ad valorem tax; interest on late payments.....................................................................HB 776 Ad valorem tax; inventory; filing for exemption ...........................................................HB 439 Ad valorem tax; property assessed on its existing use..................................................HB 312 Ad valorem tax; property assessed on its existing use..................................................HB 406 Ad valorem tax; property assessed on its existing use..................................................HB 418 Ad valorem tax; rehabilitated historic property; assessment.......................................HB 225 Ad valorem tax; value and millage rates by local tax officials....................................HB 930 Bad checks; lien on merchandise......................................................................................SB 186 Boards of equalization; appeals; authorization..............................................................HB 846 Burial place; damage to property; penalty.....................................................................HB 211
Counties and municipalities; personal property sales; vendor repurchase...........................................................................................................HB 391
Deeds conveying property; address requirement...........................................................HB 389 Disposition of unclaimed property; time period............................................................HB 487 Eminent domain; certain maintenance of condemned property...............................HB 1050 Estates; decedent's residence and court jurisdiction.....................................................HB 157 Estates; year's support; certain property set apart.......................................................HB 460 Financial institutions; mortgage bankers and brokers; licensing ..............................HB 1104 Fire departments; emergency powers..............................................................................HB 217

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2615

PROPERTY (Continued) Foreclosures; consumer transactions; definition .............................................................SB 185 Georgia Business Corporation Code; revise ....................................................................HB 335 Georgia Condominium Act; amend..................................................................................HB 502 Georgia Transfers to Minors Act; enact..........................................................................HB 256 Graves; disposal of body unlawfully removed; prohibitions .........................................SB 275 Guardianship; creation or termination; filing requirements ........................................HB 257 Historical preservation; ordinances; certain exemptions ..............................................HB 799 Homestead exemption; certain veterans; benefits for surviving spouses...................HB 508 Hunting; landowners to give preference to Georgia residents; urge...........................HR 289 Income tax; credit for certain homesteads or farms....................................................,HB 717 Income tax; first-time purchase of home; certain exemptions ....................................HB 419 Insurance; furnish annual report to General Assembly................................................HB 178 Insurance; provide claimant certain information...........................................................HB 216 Insurers; loss reserve report; filing requirements..........................................................HB 182 Intangible tax; change rate................................................................................................HB 450 Liens; repair of certain equipment; retain possession ...................................................SB 317 Local governments; appraisal requirements for purchase of property.......................HB 348 Maps and plats; recordation and filing...........................................................................HB 112 Materialmen's lien; claim; notify property owner .........................................................HB 533 Materialmen's lien; certain actions; filing requirements ..............................................HB 545 Mortgage bankers and brokers; licensing........................................................................HB 500 Mortgage bankers and brokers; licensing......................................................................HB 1023 Mortgages; cancellation of security deeds; recording procedures................................HB 898 Mortgages; closing services; predetermined fee schedule ...........................................HB 1136 Mortgages; recording; address requirement....................................................................HB 124 Motor vehicles; improperly parked cars; removal..........................................................HB 492 Mountain Protection Act; enact............................................................................................SB 1 Municipalities; boundaries; certain exceptions..............................................................HB 278 Municipalities; property conveyance; requirements .......................................................SB 245 Pawnbrokers; amend regulations ......................................................................................SB 264 Pawnbrokers; motor vehicle lease or purchase ..............................................................HB 372 Property owner; failure to disclose certain information; prohibit action.................................................................................................................HB 519 Redevelopment powers; taxable value; definition .........................................................HB 247 Relocation assistance; persons displaced by federal-aid projects................................HB 414 Removal of vehicles improperly parked..........................................................................HB 212 Residential housing; accessibility for disabled and elderly;.........................................HR 323 Sales tax; increase; ad valorem tax relief........................................................................HB 585 Solid waste disposal; residential areas; distance requirements ...................................HB 988 State property; certain acquisition; amend provisions .................................................HB 822 Streams; certain water rights of passage..........................................................................SB 203 Tax sales; foreclosure notice of right to redeem............................................................HB 123 Tenant set aside dispossessory default ...........................................................................HB 712 Time-share; campsites; availability ..................................................................................HB 773 Title transfers; registration...............................................................................................HB 210
PUBLIC BUILDINGS Building codes; minimum standards................................................................................HB 154 Correctional Industries Administration; capital projects; powers................................SB 257 Elevators; certain buildings; exemption..........................................................................HB 136 Facilities; accessibility to disabled; support efforts.......................................................HR 500
Fire safety; amend building standards and inspection provision ................................SB 261 Handicapped persons; multifamily dwellings; access....................................................HB 648
One Hundredth Anniversary of the State Capitol; commemorate .............................HR 353
Public facilities; barriers to handicapped; funds or removal - CA .............................HR 467 Smoking in public places; amend provisions..................................................................HB 707

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PUBLIC OFFICERS AND EMPLOYEES At-risk children and youth; establish certain goals........................................................SB 374 Certain elections; secret ballot..........................................................................................HB 890 Moral turpitude conviction; prohibit holding state office - CA....................................HR 32 Coroners; training course; requirement............................................................................SB 192 Counties and municipalities; rewards in felony cases; authorization.........................HB 432 Counties; benefits................................................................................................................SB 249 County and municipal officials; criminal abuse of office; certain acquisition ............................................................................................................HB 13 County officials; filing of certain affidavits and affirmations .....................................HB 407 Election by plurality - CA...................................................................................................HR 24 Employee health insurance; Hazardous Waste Management Authority; benefits..........................................................................................................HB 768 Employees' Retirement; allowance and calculation of benefits.................................HB 1095 Employees' Retirement; average final compensation; clarification...........................HB 1013 Employees' Retirement; certain judicial employees; membership ............................HB 1088 Ethics; extortion by public officials..................................................................................SB 218 Fair employment practices; status reports; requirements............................................HB 292 Financial disclosure; filing..................................................................................................SB 351 General Assembly; automatic adjournment on Fridays................................................HB 876 General Assembly; expense allowance for lodging.........................................................HB 877 Governor and Lieutenant Governor; one six-year term - CA......................................HR 372 Governor; qualifications for election; certain prohibitions.........................................HB 1101 Governor's Employment and Training Council; provide..............................................HB 568 Health insurance; certain itemized statement..............,...............................................HB 1071 Health insurance; coverage for certain medicine.........................................................HB 1072 Health insurance; full-time person ..................................................................................HB 613 Health insurance plans; sovereign immunity; limited waiver......................................HB 279 Income tax; local peace officers retirement benefits; exemption ................................HB 429 Indemnification; subrogation ...............................................................................................SB 85 Insurance Commissioner; campaign contributions; prohibitions...................................HB 52 Insurance Commissioner; campaign contributions; prohibitions.................................HB 286 Insurance Commissioner; campaign contributions; prohibitions....................................SB 30 Insurance Commissioner; complaints; release to public..................................................SB 31 Interdepartmental transfer; test period ..........................................................................HB 167 Liability insurance; immunity.........................................................................................HB 1122 Lieutenant Governor; abolish office - CA.......................................................................HR 100 Lobbying; certain state employees; prohibitions...........................................................HB 122 Medical examiners; certain examinations; fees...............................................................SB 319 Medical examiners; embalm body before releasing........................................................SB 318 Medical Examiner Study Committee; create.................................................................HR 383 Municipal officers and employees; compensation increases; date................................SB 364 Payroll deductions; confidentiality..................................................................................HB 611 Post-mortem examination; local medical examiner; definition...................................HB 878 Public Employees Relations Commission; create ..........................................................HB 862 Public Officers Recall Act of 1989; enact.........................................................................HB 73 Public officials; certain crimes; ineligibility to hold office - CA..................................SR 116 Public officials; compensation ..........................................................................................HB 496 Recall provisions....................................................................................................................SB 37 Residency requirements; counties and municipalities..................................................HB 401 State employees; benefits; definition of full-time..........................................................HB 724
State employees; certain dismissal; compensation .............................................................SB 3
State employees; certain suggestions; savings awards...................................................HB 516
State employees; hearings; representation........................................................................HB 77
State employees; hospitals and correctional facilities; night shift supplements....................................................................................................SB 47
State employees; interdepartmental transfers................................................................HB 343

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PUBLIC OFFICERS AND EMPLOYEES (Continued) State employees; interdepartmental transfers; working test period.........................HB 1094 State employees; medical leave ..........................................................................................HB 83 State employees; on call time; compensation......................................................................SB 2 State employees; overtime pay in lieu of compensatory time........................................SB 46 State employees; sick leave; convert to personal leave....................................................SB 41 State employees; working test employee; amend application...........................................SB 9 State government; use of great seal; prohibitions .........................................................HB 529 State officials and employees; political activities...............................................................SB 6 State School Superintendent; hold office no more than two terms - CA..................HR 239 Supreme Court justices; Court of Appeals judges; compensation.................................HB 55 Teachers and public school employees; flexible benefit plan......................................HB 452 Teachers; transfer employment; Central State Hospital; salary adjustment............................................................................................................HB 917 University System; charitable organizations; payroll deductions................................HB 159 Working test period; management review......................................................................HB 291
PUBLIC PROPERTY Abandoned railroad property; acquisition......................................................................HB 822 Atlanta; convey property....................................................................................................SR 126 Atlanta-Fulton County; convey property...........................................................................SR 64 Baldwin County; convey property......................................................................................HR 89 Baldwin County; convey property.......................................................................................SR 23 Baldwin County; convey property.......................................................................................SR 54 Bartow County; convey property.....................................................................................HR 314 Bibb County; convey property............................................................................................HR 35 Burke County; grant easement..........................................................................................SR 132 Calhoun, City of; convey property.....................................................................................HR 99 Calhoun, City of; convey property...................................................................................HR 101 Chatham County; convey easements..................................................................................SR 25 Chatham County; exchange of certain property............................................................HR 387 Chatham County; exchange of certain property.............................................................SR 171 Clarks Hill Lake; designation...........................................................................................HR 115 Decatur County; convey property to City of Bainbridge..............................................SR 127 Douglas County; convey property to United States Army Corps of Engineers ...............................................................................................SR 164 Effingham County; grant easement....................................................................................SR 67 Elbert County; Richard B. Russell Development Authority; create...........................HB 893 Fulton County; convey property.........................................................................................SR 63 Georgia Trust for Historic Preservation, Inc; convey property...................................HR 321 Gwinnett County; grant easement; underground transmission line..............................SR 62 Jonesboro, City of; convey property to Clayton County...............................................SR 120 Local governments; appraisal requirements for purchase of property.......................HB 348 Marietta, City of; convey property.......................................................................................SR 5 Municipalities; property conveyance; requirements.......................................................SB 245 Richmond County; convey property................................................................................HR 295 Roosevelt State Park; property boundaries....................................................................HR 107 Resolutions conveying property; requirements...............................................................SB 361 Sumter County; convey property......................................................................................SR 175 Taliaferro County; grant easement...................................................................................SR 154 Tattnall County; grant easement........................................................................................SR 68 White County; convey property.......................................................................................HR 165 Wilkinson County; grant nonexclusive easement.............................................................SR 22 Winder, City of; grant easement........................................................................................HR 98 World Congress Center; revenue bonds..........................................................................HB 223
PUBLIC RECORDS Air Quality Control Act; requirements for permits.......................................................HB 933

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PUBLIC RECORDS (Continued) Driver's license; abstract of record; certain employment ...............................................HB 40 Evidence; records obtained from Public Safety Department......................................HB 380 Hospital authorities; certain exemptions ........................................................................HB 140 Open meetings, notices; public records, definitions .......................................................SB 270 School disciplinary hearings; open meeting and records provisions............................SB 368 Staff services; disclosure requirements............................................................................HB 701 Staff services; disclosure requirements ............................................................................SB 297
PUBLIC SAFETY, DEPARTMENT OF (Also, see Driver's License or Law Enforcement Officers and Agencies) Chief executive; training class ...........................................................................................SB 122 Commercial driver's license; provide ...............................................................................HB 130 Crimes; destroying police horse; penalty.........................................................................HB 425 Criminal Justice Coordinating Council; membership ...................................................HB 430 Deputy commissioner; abolish position............................................................................SB 260 Driver's license; abstract of record; certain employment...............................................HB 40 Driver's license; delay issuance to certain minors.........................................................HB 666 Driver's license; deposit in lieu of bail; certain cases ...................................................HB 590 Driver's license; fees for elderly; exemption......................................................................SB 56 Driver's license; persons holding Class 1 permits; certain restrictions..........................................................................................................HB 402 Driver's license; revocation for certain offenses; points................................................HB 146 Driver's license; suspension; certain plea and payment of fine...................................HB 185 Driver's license; suspension; defensive driving course; requirement..........................HB 916 Driver's license; suspension; defensive driving course; requirement........................HB 1031 Driver's license; suspension; failure to assist in accidents............................................SB 195 Driver's license; suspension for reckless driving; penalty .............................................SB 200 Driver's license; suspension; notification by certified mail............................................HB 20 Driver's license; suspension; notify Public Safety Department....................................SB 248 Eluding a peace officer; penalty for offense....................................................................SB 196 Evidence; records obtained from Public Safety Department......................................HB 380 Firearms dealer; information required of purchaser.....................................................HB 190 Firearms; peace officers; possession; amend provisions................................................HB 593 Handgun Roster Board; create.........................................................................................HB 189 Handicapped identification card; issuance.....................................................................HB 601 Handicapped parking; businesses; additional spaces....................................................HB 261 Indemnification; subrogation...............................................................................................SB 85 Jurors; change method for composing jury lists............................................................HB 591 Law enforcement; special and high-risk occupation .....................................................HB 726 Law enforcement; special and high-risk occupation.....................................................HB 728 Law enforcement; training requirements; certain exemptions ....................................HB 844 Missing persons; exchange of certain information; juveniles.....................................HB 1085 Motor vehicle insurance; cancellation notice; certain fines..........................................HB 255 Motor vehicle insurance; cancellation notice; restricted driving permit..................................................................................................HB 99 Motor vehicle insurance; restricted driving permits..........................................................SB 7 Motor vehicles; inspection...................................................................................................HB 21 Motorcycles; headgear; certain persons.........................................................................HB 1097 Reimbursement for certain services of state patrol......................................................HB 698 State patrol; automobile racing events; services............................................................HB 308 State patrol; certain personnel retire after 25 years service ........................................HB 541
State patrol; close highways in emergency situations ...................................................HB 329 State patrol; mandatory retirement; waiver ...................................................................HB 527
State patrol; qualifications.................................................................................................SB 262
Students; suspension; notify law enforcement...............................................................HB 667 Voter registration; driver's license examiners ................................................................HB 227

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2619

PUBLIC SAFETY, DEPARTMENT OF (Also, see Driver's License or Law Enforcement Officers and Agencies) (Continued) Voter registration; driver's license examiners................................................................HB 242 Witness fees; law enforcement personnel........................................................................HB 260
PUBLIC SCHOOL CAFETERIA WORKERS WEEK Designate December 1-7, 1989 .......................................................................................... HR 229
PUBLIC SCHOOL EMPLOYEES Development programs; stipends.....................................................................................HB 553 Employment contracts.......................................................................................................HB 548 Flexible benefit plan..........................................................................................................HB 452 Health insurance; definitions............................................................................................HB 608 Hiring practices; discrimination..........................................................................................SR 52 Local boards of education; establish sick leave pools....................................................SB 147 Minimum salaries ...............................................................................................................HB 547 Retirement; bus drivers.....................................................................................................HB 186 Retirement; forty years service.........................................................................................HB 120
PUBLIC UTILITIES AND TRANSPORTATION Blasting or excavating; notification; amend provisions................................................HB 833 Cable Television Study Committee.................................................................................HR 354 Campaign contributions; Public Service Commission.....................................................HB 65 Developmental highways; funding......................................................................................HB 16 Electric membership corporation; service charge for dormant account.....................HB 456 Handicapped persons; self-service fuel; cost....................................................................HB 12 House Rapid Rail Passenger Service Study Committee; create..................................HR 280 Limousine services; regulation by Public Service Commission...................................HB 912 Municipal Gas Authority; location of office; amend provisions..................................HB 742 Northeast Georgia Surface and Air Transportation Commission; create ..................HB 853 Petroleum products; underground storage; amend provisions.....................................HB 155 Property furnished by regional water or sewer authority; sales tax exemption......................................................................................HB 153 Public Service Commission; ex parte communications...............................................HB 1126 Public Service Commission; gas transmission and distribution facilities; powers..............................................................................................................HB 788 Public Service Commission; rate schedules for certain telephone areas; prohibitions........................................................................................HB 162 Public Service Commission; utilities engaging in least cost planning; authorization................................................................................HB 684 Public Service Commission; utilities pay special fees for operating costs..................................................................................................HB 675 Relocation assistance; persons displaced by federal-aid projects.........................................................................................................HB 414 Sales tax; food, residential phone, electrical and gas service; exemption.............................................................................................................HB 84 State-wide mass transit and heavy rail system; feasibility study...............................HR 322 Telecommunication; hearing and speech impaired persons; service............................SB 310 Telephone companies; alternate operator service; regulation....................................HB 1078 Telephone service; toll free dialing; certain intracounty calls.....................................HB 720 Transportation Department; traffic control devices; installation...............................HB 395 Utility Finance Section of Public Service Commission; abolish ...............................HB 1125 Vehicles transporting forest products; exceptions.........................................................HB 887
PUBLICATIONS Counties; official organ; notification.................................................................................SB 145 Joint Study Committee on Cost Display on State Publications; create.....................SR 110 Legal advertisements; rates...............................................................................................HB 839 Legal advertisements; rates................................................................................................SB 271

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2620

INDEX

PUBLICATIONS (Continued) Local legislation; advertisement; authorization..............................................................HB 522 Sales tax; advertising; certain transactions outside of state........................................HB 442 State government; repeal certain requirements..............................................................SB 299 State publications; librarians; revise provisions.............................................................HB 587
PULASKI COUNTY; deputy sheriffs; salary................................................................HB 806
PURCHASE OF SERVICES FOR JUVENILE OFFENDERS PROGRAM; commend.....................................................................................................HR 337
PUTNAM COUNTY; coroner's compensation...............................................................HB 281

Q
QUINNELLY, ALAN; commend.....................................................................................HR 550 QUINNELLY, MYRTIS W.; commend.........................................................................HR 556

R

RACE TRACKS State patrol; automobile racing events; services....... .............................................. .......HB 308 State Racing Commission; pari-mutuel wagering; counties; referendum ........................................................................................ ..............HB 447
RADAR Colleges; campus police; speed detection devices............ ........................... ...................HB 324 Regulations on use......................... .................................................. ...................................HB 750
RADIO Motorcycles; headsets and headphones; authorization ......... ........................................HB 280 Schools; prohibitions ....................................................................... .....................................HB 14 Teachers and school bus drivers; abusing; students having electronic devices; prohibitions.... ....................................... ..........................................HB 166 Torts; defamatory statements............................................................................................SB 239
RAILROADS Abandoned railroad property; acquisition ..................................... .................................HB 822 House Rapid Rail Passenger Service Study Committee; create. ........................... ......HR 280 Limited-access roads; municipal consent; certain exceptions... ................................. ..HB 757 State property; certain acquisition; amend provisions ........... ......................................HB 822 State-wide mass transit and heavy rail system; feasibility study .................. .............HR 322 Train and Rail Service Study Committee; create ................................................... ........HR 10 Transportation Department; traffic control devices; installation ............................. ..HB 395
RAINEY, JOANNA; commend ........................................................................................HR 543
RANGEL, OSCAR; compensation....................................................................................HR 265
RAY, CHARLES R.; commend on Savannah Saint Patrick's Day Parade ........... ....HR 417
REAGAN, PRESIDENT RONALD WILSON 212 511
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2621

REAL ESTATE (Also, see Property) Ad valorem tax; property assessed on its existing use..................................................HB 312 Housing; discrimination; revise prohibitions ................................................................HB 1117 Housing surcharge to transfer tax....................................................................................HB 277 Income tax; first time purchase of home; exemption....................................................HB 419 Intangible tax; certain property; change rate.................................................................HB 450 Loans; requirements...........................................................................................................HB 653 Local governments; appraisal requirements for purchase of property .......................HB 348 Mortgage brokers; licensing...............................................................................................HB 500 Mortgage brokers; licensing.............................................................................................HB 1023 Property owner; failure to disclose certain information; prohibitions......................................................................................................................HB 519 Real Estate Commission; maintain certain records; licensing.....................................HB 340 Relocation assistance; persons displaced by federal-aid projects................................HB 414
REAPPORTIONMENT Public records; certain staff services; disclosure requirements ...................................HB 701 Public records; certain staff services; disclosure requirements ....................................SB 297
RECREATION Day camps; regulation........................................................................................................HB 231 Gambling; certain games; exception.................................................................................SB 290 State Board of Recreation Examiners; termination date.................................................HB 8
REDEVELOPMENT (See Buildings and Housing)
REDFERN, WILLIAM RUSSELL "RUSTY"; invite to House.............................HR 385
RELIGION Death penalty; offense of murder as part of ceremony or ritual................................HB 224 Insurance; fraternal benefit societies; revise provisions .............................................HB 1129 Private schools; certificates of authorization...................................................................SB 113 Soviet Jews and Christians; support "glasnost" and emigration................................HR 514 Special hazards; occupant load of churches ...................................................................HB 271 Teachers; religious holidays shall not be charged against sick leave .......................HB 1051
RESIDENTIAL FINANCE Administrative Services; certain inventory; acquisition costs......................................HB 725 Atlanta; housing authority commissioners; voting members .......................................HB 932 Homeless; shelter and meals; implement program to provide .....................................SB 208 Housing; discrimination; revise prohibitions................................................................HB 1117 Housing; residential care for elderly, mentally disabled.................................................SB 51 Income tax; first-time purchase of home; certain exemptions ....................................HB 419 Local governments; housing projects; allocation system ..............................................HB 843 Public housing; definition ....................................................................................................SB 52
RESTAURANTS Alcoholic beverages; Sunday sales.....................................................................................SB 277 House Catering Business Study Committee; create......................................................HR 244
RETIREMENT AND PENSIONS Code revisions........................................................................................................................HB 90 Counties; officials and employees; benefits.....................................................................SB 249 Court Officials Retirement System; create.....................................................................HB 756 District attorneys emeritus; minimum salary.................................................................HB 230 District Attorneys' Retirement; transfer membership to Employees' Retirement.............................................................................................HB 752 District Attorneys' Retirement; spouses' benefits.........................................................HB 681 Employees' Retirement; allowance and calculation of benefits.................................HB 1095 Employees' Retirement; average final compensation; clarification...........................HB 1013

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2622

INDEX

RETIREMENT AND PENSIONS (Continued) Employees' Retirement; average final compensation; definition ................................HB 761 Employees' Retirement; benefit changes if spouse dies...............................................HB 116 Employees' Retirement; certain judicial employees; membership..............................HB 436 Employees' Retirement; certain judicial employees; membership ............................HB 1088 Employees' Retirement; certain military service; credit.................................................HB 46 Employees' Retirement; certain military service; credit...............................................HB 318 Employees' Retirement; certain military service; credit...............................................HB 755 Employees' Retirement; certain National Guard service; credit.................................HB 695 Employees' Retirement; credit for service in certain local system .............................HB 156 Employees' Retirement; domestic relations orders; requirements..............................HB 302 Employees' Retirement; family and children services; creditable service ............................................................................................................HB 539 Employees' Retirement; forfeited annual and sick leave; creditable service.................................................................................................HB 753 Employees' Retirement; General Assembly members; survivors' benefits................HB 754 Employees' Retirement; Hazardous Waste Management Authority; membership..................................................................................................HB 769 Employees' Retirement; members transfer to Teachers Retirement..........................HB 394 Family and children services; creditable service............................................................HB 596 Firemen's Pension Fund; disability benefits;.................................................................HB 143 Firemen's Pension Fund; exemption from certain requirement.................................HB 142 Firemen's Pension Fund; restrict certain membership..................................................SB 152 Garnishment; individual retirement accounts; certain exception.............................HB 1098 Income tax; certain retirement income; exemption.......................................................HB 471 Income tax; individual net income; amend provisions..................................................HB 486 Income tax; local peace officers retirement benefits; exemption................................HB 429 Income tax; military and civil service retirement; exemption ...................................HB 1099 Insurers; certain annuity contracts; issuance.................................................................HB 513 Investments of retirement funds in South African institutions....................................HB 82 Joint Management Committee of Employees and Teachers Retirement Systems; create...........................................................................................HB 284 Joint Municipal Employees' Benefit System; credit unions........................................HB 262 Joint Municipal Employees' Benefit System; credit unions........................................HB 475 Judges of Probate Courts Retirement Fund; amend provisions .................................HB 444 Legislative Retirement; allowance; amend provisions...................................................HB 198 Legislative Retirement; General Assembly member; prior service ...........................HB 1114 Magistrates Retirement System; create ..........................................................................HB 937 Peace Officers' Annuity and Benefit Fund; benefit changes if spouse dies....................................................................................................HB 115 Peace Officers' Annuity and Benefit Fund; benefit provisions.....................................HB 44 Peace Officers' Annuity and Benefit Fund; collections; filing forms.........................................................................................................................HB 42 Peace Officers' Annuity and Benefit Fund; define.........................................................HB 43 Peace Officers' Annuity and Benefit Fund; narcotics agents; eligibility.............................................................................................................HB 706 Public retirement systems; no benefits paid when certain crimes committed..............................................................................................HB 764 Public School Employees' Retirement; bus drivers.......................................................HB 186 Public School Employees' Retirement; forty years service..........................................HB 120 Sheriffs' Retirement; fees from civil actions; interest...................................................HB 643 State patrol; certain personnel retire after 25 years service........................................HB 541 State patrol; mandatory retirement; waiver...................................................................HB 527 Superior Court Clerks' Retirement Fund; benefits .....................................................HB 1035 Superior court; judge serve while member of Retirement System .............................HB 570 Superior court; judge serve while member of Retirement System ..............................SB 324 Superior Court Judges' Retirement; creditable service as a state court judge .....................................................................................................HB 441

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INDEX

2623

RETIREMENT AND PENSIONS (Continued) Superior Court Judges' Retirement; employee contribution ..........................................SB 75 Superior Court Judges' Retirement; spouse's benefits; amend provisions .................SB 160 Superior court; service by senior judges; amend provisions ........................................HB 676 Teachers Retirement; accumulated sick leave; limitation............................................HB 179 Teachers Retirement; average computation...................................................................HB 119 Teachers Retirement; certain persons; creditable service ............................................HB 458 Teachers Retirement; certain public school personnel; membership .........................HB 727 Teachers Retirement; certain supported schools; credit..............................................HB 557 Teachers Retirement; creditable service; visiting scholar............................................HB 109 Teachers Retirement; postretirement benefit adjustment...........................................HB 737 Teachers Retirement; postretirement benefit adjustment ...........................................HB 738 Teachers Retirement; pregnancy leave; credit ...............................................................HB 121 Teachers Retirement; pregnancy leave; credit...............................................................HB 273 Teachers Retirement; reestablish certain creditable service........................................HB 459 Teachers Retirement; reestablish certain creditable service........................................HB 964 Teachers Retirement; service requirement.......................................................................HB 28 Teachers Retirement; teaching service for handicapped............................................HB 1091 Teachers Retirement; transfer by faculty of University System.................................HB 639 Teachers Retirement; transfer from local system; refund............................................HB 623 Teachers Retirement; transfer service from Employees' Retirement.......................HB 1110 Teachers Retirement; transfers from local system; requirements...............................HB 622 Teachers Retirement; twenty-nine years of service.......................................................HB 197
REVENUE BONDS Financial and Investment Commission; capital appreciation bonds; higher education.................................................................................................HB 457 Housing; residential care for elderly or mentally disabled .............................................SB 51 Indebtedness without referendum; certain municipalities; educational purposes - CA.............................................................................................SR 122 Local governments; housing projects; allocation system ..............................................HB 843 Local governments; indebtedness; file annual report....................................................HB 248 Middle Georgia Coliseum Authority; bond issuance.....................................................HB 905 State Tollway Authority; sale of notes and bonds; authorization...............................HB 758 Street improvement bonds; interest rate........................................................................HB 377 World Congress Center; revenue bonds..........................................................................HB 223
RICEBORO, CITY OF; corporate limits........................................................................HB 859
RICHMOND COUNTY Augusta-Richmond County Commission-Council; chairman-mayor; designate.........................................................................................................................HB 1075 Augusta-Richmond County Commission-Council; chairman-mayor; title change ......................................................................................................................HB 896 Augusta-Richmond County Commission on Disadvantaged Youth; create...............HR 406 Board of education; compensation.................................................................................HB 1046 Certain officials; compensation.........................................................................................HB 779 Convey property..................................................................................................................HR 295 Sheriffs Merit System Board; compensation...............................................................HB 1027
RINCON, TOWN OF Homestead exemption; elderly .........................................................................................HB 984 Mayor and councilpersons; election.................................................................................HB 816
RIVERDALE CUBS BASEBALL TEAM; commend...............................................HR 457
RIVERS AND LAKES Boat Safety Act; sailboards.................................................................................................HB 49 Boats; discharge of sewage on Lake Lanier; exceptions................................................SB 309

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INDEX

RIVERS AND LAKES (Continued) Clarks Hill Lake; designation ...........................................................................................HR 115 Coastal marshlands; construction of marinas; leasing requirements..... .....................HB 272 Commercial fishing; limit number of fish baskets; certain lakes ............. ...................HB 134 Fishing; sport trotlines; remove certain prohibitions................ .............................. ....HB 1100 House Savannah River Basin Study Committee; create .......... ....................................HR 106 Joint West Point Lake Study Committee; create .......................... ................................SR 128 Pigeon River; urge certain action by Governor of Tennessee .....................................HR 539 Pollution; House Natural Resources and Environmental Committee to study.................................... ........................................... .........................HR 367 River Corridor Protection Act; enact .............................. ..............................................HB 1133 St. Marys Pilotage Commissioners; agreement with Florida.............. ......... ................HB 612 Streams; certain water rights of passage....................... ..................... ..............................SB 203 Watercraft; disposition of abandoned vessels ..................................... ...........................HB 476 Water Supply Protection Act; enact................................................. ..................... ..........HB 184
ROBERSON, SIDNEY A. "TOOD"; commend. ................................... .......................HR 462
ROBERTS, MARJORIE H. "MARTY"; commend. .......................................... .........HR 299
ROBINSON, CLARA; commend .....................................................................................HR 501
ROBINSON, HONORABLE LEE; invite to House......................................................HR 97
ROBINSON, HONORABLE PETE; commend...........................................................HR 384
ROCHDALE COUNTY; board of commissioners; filling vacancies.........................HB 1014
RODGERS, DR. THOMAS F.; ................................................................................HR 39
Invite to House ............................................................................................... ......................HR 37
ROE, RUTH ESSIE; condolences ..................................................................... ...............HR 290
ROGERS, JOHN R.; commend.........................................................................................HR 335
ROGERS, LATASHIA; commend ...................................................................................HR 178
ROHRS, HONORABLE HELEN G.; commend..........................................................HR 381
ROLAND, GEORGE; compensate......................................................................................HR 77
ROME, CITY OF; Rome-Floyd County Commission on Children and Youth; create ..................................................................................................................... ..HB 789
ROSS, BOBBY; invite to House ............................................................................ ...........HR 309
ROSWELL PRESBYTERIAN CHURCH Commend........................................................ ................................................................... .....SR 24 Congratulations on 150th Anniversary........... ........................................................... ......HR 150
RUCKER, REVEREND RILEY; commend.................................................................HR 302
RUSSELL, HERMAN JEROME; honor ............................................................. .........HR 554
RUTTER, RICHARD; compensate on behalf of Valerie A. Rutter...........................HR 116

s

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INDEX

2625

SALES AND USE TAX Advertising; certain transactions outside of state .........................................................HB 442 Aircraft; definition for exemption purposes...................................................................HB 900 Amend provisions...............................................................................................................HB 490 Certain aircraft labor and materials; exemption ...........................................................HB 899 Certain industrial materials; exemption..........................................................................HB 293 Certain motor vehicle sales...............................................................................................HB 655 Commercial shrimpers; sales tax exemption on fuel, supplies or equipment....................................................................................................HB 374 Export; certain exemption; clarification..........................................................................HB 594 Food Sales Income Tax Credit Act of 1989; enact.........................................................HB 714 Food; exemption....................................................................................................................HB 78 Food, residential phone, electrical and gas service; exemption.....................................HB 84 Georgia Tax Reform Commission of 1990; create.........................................................HR 294 Increase rate........................................................................................................................HB 365 Increase rate........................................................................................................................HB 474 Increase rate........................................................................................................................HB 505 Increase rate........................................................................................................................HB 650 Increase rate; exempt food and drugs.............................................................................HB 416 Increase; ad valorem tax relief..........................................................................................HB 585 Increase; repeal special county sales tax.........................................................................HB 493 Joint county and municipal sales tax; increase rate.......................................................HB 45 Joint county and municipal sales tax; special districts; proceeds...............................HB 220 Local governments; sales tax without certain limitation - CA....................................HR 279 Metal coins and bullion; exemption...............................................................................HB 1087 Motor fuel; remove exemption..........................................................................................HB 338 Property furnished by regional water or sewer authority; sales tax exemption........................................................................................................HB 153 Property of Boy Scouts or Girl Scouts; sales tax exemption.........................................................................................................................HB 158 Sales of aircraft, vehicles and vessels..............................................................................HB 172 Second motor fuel tax; refund for diesel fuel purchases..............................................HB 423 Special county one percent sales tax; use of proceeds..................................................HB 986 Special county sales tax; amend or repeal provisions...................................................HB 267 Special county sales tax; change termination date........................................................HB 228 Special county sales tax; educational purposes - CA......................................................HR 95 Special county sales tax; educational purposes - CA....................................................HR 168 Special county sales tax; separate proposals for each project.....................................HB 693 Special county sales tax; separate proposals..................................................................HB 506 Special one percent sales tax; educational purposes - CA...........................................HR 227 Special sales tax; amend provisions relating to repeal.................................................HB 150 Videotape rentals; exemption...........................................................................................HB 488
SANBORN, RICHARD D., JR.; condolences...............................................................HR 330
SANDERS, KATHRYN; commend.................................................................................HR 174
SANDY SPRINGS, CITY OF Cobb County; annexation...................................................................................................SB 295 New charter; incorporate...................................................................................................HB 275
SANITARIANS Environmental health specialists; regulation..................................................................HB 135 Landfill operators; certification........................................................................................HB 148 Landfill operators; certification...........................................................................................SB 70
SASSER, CITY OF; mayor and councilmen; election...................................................HB 882
SAUNDERS, BILL AND CHARLENE AND SAVANNAH DAY SCHOOL; commend.........................................................................................................HR 477

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SAVANNAH, CITY OF Ad valorem tax; certification ............................................................................................HB 831 Chatham-Savannah Authority for the Homeless; create..............................................HB 897 Corporate limits...................................................................................................................SB 399 Designate Monday, January 30, 1989 as Savannah Day..............................................HR 120 Hogan, M. J. "Jerry" and Charles R. Ray; commend on Savannah Saint Patrick's Day Parade...................................................................HR 417 House Savannah River Basin Study Committee; create ..............................................HR 106 Mayor and aldermen; election...........................................................................................SB 285 Savannah-Chatham County Anti-Drug Commission Study Committee; create .......HR 416
SAVANNAH REGIONAL MINORITY PURCHASING COUNCIL Commend.............................................................................................................................. HR 64
SCARBOROUGH, ELIZABETH B.; commend.............................................................HR 83
SCHIEF, CAROLYN; compensation ...............................................................................HR 276
SCHOOL BUSES Annual inspection.................................................................................................................HB 21 Definition; amend...............................................................................................................HB 592 Drivers; minimum salary...................................................................................................HB 850 Light requirements..............................................................................................................SB 213 Quality Basic Education; transportation costs; distance requirements......................HB 398 Teachers or school bus drivers; abusing; students having electronic devices; prohibitions........................................................HB 166 Teachers Retirement; certain public school personnel; membership.........................HB 727
SCHOOLS (Also, see Education) Ad valorem tax; education; preparation of digests........................................................HB 421 Average daily attendance; repeal provision.....................................................................SB 240 Child custody; pick-up from school by parent.................................................................HB 67 Compulsory attendance; age for enrollment...................................................................HB 149 Crossing-guards; citations....................................................................................................HB 39 Crossing-guards; traffic regulations .................................................................................HB 128 Cyclorama; children not paying admission fee; repeal provision ................................HB 920 Disciplinary hearings; open meeting and records provisions........................................SB 368 Disciplinary hearings; open meeting provisions.............................................................HB 838 Driver education course; remove from list for enrollment counts ..............................HB 152 Drug trafficking; school property; separate offense.......................................................SB 204 Education Department; urge accurate census of population in 1990.........................HR 534 Hiring practices; investigation..........................................................................................HR 221 House Discipline in Schools Study Committee; create...................................................HR 92 House Study Committee on School District Enrollment Options Program; create................................................................................................HR 108 Joint Study Committee on Public School Freedom of Choice; create..........................SR 92 Local boards of education; vary length of school year; repeal certain provisions................................................................................................HB 951 Medical insurance; athletic event; student coverage...................................................HB 1109 Personnel; employment contracts ....................................................................................HB 548 Personnel; minimum salaries............................................................................................HB 547 Private schools; certificates of authorization...................................................................SB 113 Proprietary School Act; provisions relating to State Board of Education ........................................................................................................HB 654 Public School Cafeteria Workers Week; designate December 1-7, 1989 ...................HR 229 Public School Employees' Retirement System; bus drivers.........................................HB 186 Quality Basic Education; direct instructional costs; funding......................................HB 629 Quality Basic Education; guidance counselors; salaries...................................................SB 93 Quality Basic Education; instructional programs; student counts..............................HB 396

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2627

SCHOOLS (Also, see Education) (Continued) Quality Basic Education; isolated schools grants; continuation..................................HB 415 Quality Basic Education; length of school year; amend certain provisions...............................................................................................HB 325 Quality Basic Education; middle school grants; adjustments......................................HB 449 Quality Basic Education; school readiness assessment; eliminate.............................................................................................................................HB 22 Quality Basic Education; school readiness assessment; uniform state wide..........................................................................................................HB 731 Quality Basic Education; transportation costs; distance requirements......................HB 398 School bus drivers; employment change; transfer unused sick leave.........................HB 337 School bus drivers; minimum salary................................................................................HB 850 School buses; lights requirements.....................................................................................SB 213 Schools; crossing guards; citations.....................................................................................HB 39 Social workers; employment..............................................................................................HB 657 Social workers; employment..............................................................................................HB 677 Student attend where parent teaches..............................................................................HB 321 Students; suspension; notify law enforcement...............................................................HB 667 Teachers; leave school when closed; certain circumstances .......................................HB 1037 Teachers or school bus drivers; insulting or abusing; students having electronic devices; prohibitions........................................................HB 166 Teachers Retirement; certain public school personnel; membership .........................HB 727 Tobacco; prohibit use on premises...................................................................................HB 975
SCHREYER, CYNTHIA LYNN; commend...................................................................HR 53
SCOTT, MARY; commend.................................................................................................HR 393
SEARS, ZENAS; condolences............................................................................................HR 137
SEAT BELTS; motor vehicles; requirement.....................................................................HB 17
SECRETARY OF STATE Communications received....................................................Pages 1, 7, 105, 158, 320, 626, 932, 1319, 1758, 1889, 2305, 2515 Corporations; filing requirements.....................................................................................HB 336 Counties; official organ; notification.................................................................................SB 145 Financial institutions; filing requirements.......................................................................SB 151 Gopher tortoise; official state reptile...............................................................................HB 531 Limited partnerships and reservation of names............................................................HB 334 Lobbying; state agencies; registration..............................................................................HB 165 State officials; election by plurality - CA.........................................................................HR 24 State publications; librarians; revise provisions.............................................................HB 587 Use of great seal; prohibitions..........................................................................................HB 529
SECURITIES Commercial paper; reason if dishonored..........................................................................SB 187 Corporations; shareholder requirements.........................................................................HB 245 Principal and agent; professional service; charges.......................................................HB 1069 Public contracts; certain payment in lieu of bond........................................................HB 679 State Tollway Authority; sale of notes and bonds; authorization...............................HB 758
SEEDS; Georgia Plant Food Act of 1989; enact..............................................................HB 749
SELL, DR. WILLIAM HORACE; commend...............................................................HR 250
SELLERS, WILLIAM B.; compensation.......................................................................HR 103

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2628

INDEX

SENATE Campaign contributions; expenditures; certain candidates..........................................HB 491 Notify House; Senate has convened.....................................................................................SR 2 Open meetings - CA................................................................................................................SR 4
SENTELL, PROFESSOR R. PERRY, JR.; commend..............................................HR 374
SENTENCING Child abandonment; suspension..........................................................................................SB 65 County jails; room and board; reimbursement fee........................................................HB 317 Criminal solicitation; penalty............................................................................................HB 509 Death penalty; offense of murder as part of ceremony or ritual................................HB 224 Death Penalty; offense of murder during apprehension ..............................................HB 173 Death penalty or life imprisonment; judge's discretion................................................HB 282 Death penalty or life imprisonment; judge's discretion ..................................................SB 25 Death penalty; repeal.........................................................................................................HB 330 House Disparity in Sentencing and Sentencing Reform Study Committee; create .................................................................................................HR 70 Mentally retarded persons; death penalty; certain circumstances..............................HB 352 Misdemeanors; certain crimes; maximum fine...............................................................HB 588 Pardons and Paroles; certain conviction; serve one-third of sentence - CA...............................................................................................SR 37 Pardons and Paroles; certain offenses; restrictions........................................................SB 280 Prisoners; probated or revoked sentence; alternative service........................................HB 94 Prisoners; transmittal information; notification.............................................................SB 354
SEXUAL OFFENSES Cruelty to children; admissibility of certain testimony.................................................SB 153 Evidence; child's statement on sexual conduct and abuse...........................................HB 366 Evidence; child's testimony on sexual conduct and abuse...........................................HB 397 Evidence; prosecution for rape.........................................................................................HB 229 Moral turpitude conviction; prohibit holding state office - CA....................................HR 32 Sexual offenses against children; age provisions..............................................................HB 27 Statutory rape; victim's testimony not required to be corroborated..........................HB 299 Witnesses; competency of child; amend provisions.......................................................HB 218
SHAPIRO, ROBERT B.; invite to House......................................................................HR 198
SHELLMAN, CITY OF; mayor and councilmen; election..........................................HB 498
SHERIFFS County officials; filing certain affidavits and affirmations..........................................HB 407 Criminal procedure; remission of bonds; notification of hearings ..............................HB 426 Retirement; fees from civil actions; interest...................................................................HB 643 Salary.....................................................................................................................................SB 159
SHERRILL, FRANK; commend......................................................................................HR 270
SHILOH, CITY OF; ad valorem tax; homestead exemption.......................................HB 530
SHIPP, MARY ALICE; commend..................................................................................HR 334
SIEGELSON, DR. HANK; commend.............................................................................HR 201
SIKES, BEN F.; commend.................................................................................................HR 139
SUMMONS, DAVID EDWARD, SR.; compensate .......................................................HR 75
SIMMONS, HOWARD; condolences...............................................................................HR 528
SIRMANS, LEIGH; commend............................................................................................HR 41
SIZEMORE, HONORABLE EARLEEN; commend..................................................HR 461

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2629

SKIDAWAY ISLAND STATE PARK, UNION CAMP CORPORATION,
AND THE BRANIGAR ORGANIZATION, INC. Commend citizens' committee ................................................------------------------ R 170

SLATON, VIRLYN; commend.........................................................................................HR 546
SLOSHEYE TRAIL BIG PIG JIG; recognize.............................................................HR 179
SMITH, AMELIA; commend............................................................................................HR 489
SMITH, DR. OTIS; commend ..........................................................................................HR 545
SMITH, E. BYRON; commend.........................................................................................HR 203
SMITH, FRANK M.; condolences....................................................................................HR 131
SMITH, HAMPTON; commend.......................................................................................HR 548
SMITH, MARY ANN; commend.....................................................................................HR 516
SMITH, SUSAN; commend.................................................................................................HR 42
SMYRNA, CITY OF Downtown Smyrna Development Authority; create......................................................HB 780 Homestead exemption; disabled.......................................................................................HB 237 Homestead exemption; elderly.........................................................................................HB 236
SNELLVILLE, CITY OF; corporate limits.................................................................HB 1081
SOCIAL SERVICES Access to Health Care Commission; create.......................................................................SR 70 At-risk children and youth; establish certain goals........................................................SB 374 Children and youth; community innovation zones; designate......................................SB 382 Children and youth; custody of Human Resources Department; educational purposes.......................................................................................................SB 350 Children and youth; family day-care home; definition.................................................HB 938 Children and Youth Investment Fund; traffic fines......................................................SB 355 Children and youth; services for disturbed children.....................................................HB 560 Child welfare agencies and certain day-care centers; licensing...................................HB 114 Counties and municipalities; fair rent commissions........................................................HB 86 Day camps; regulation........................................................................................................HB 231 Education; school social workers; employment..............................................................HB 657 Education; school social workers; employment..............................................................HB 677 Employees' Retirement; family and children services; creditable service ............................................................................................................HB 539 Employees' Retirement; family and children services; creditable service ............................................................................................................HB 596 Georgia Children and Youth Overview Committee; create..........................................HB 958 Georgia Children and Youth Overview Committee; create...........................................SB 355 Hospital authorities; powers..............................................................................................SB 229 Hospital care for pregnant women; amend provisions..................................................HB 597 Human Resources; certain actions for damages; notice................................................HB 864 Human Resources Department; child welfare services and services to courts.....................................................................................................HB 390 Insurance and Education Reinvestment Act for Aid to Families with Dependent Children.................................................................................SB 13 Medicaid Prescription Drug Bidding and Rebate Program...........................................HB 70 Medicaid Prescription Drug Bidding and Rebate Program..........................................SB 268 Medical assistance; certain agency rules; requirements..............................................HB 1053 Medical assistance; drug bidding programs and rebates..............................................HB 577 Medical assistance; urge control of drug expenditures.................................................HR 196 Mentally retarded persons; community services; payment ..........................................HB 638

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2630

INDEX

SOCIAL SERVICES (Continued) Physicians; treatment of Medicare and Medicaid patients; requirement................HB 1020 Postsecondary Vocational Educational Board; change reference to State Department of Technical and Adult Education.........................................HB 628 Professional Counselors, Social Workers and Marriage and Family Therapists; termination of Board....................................................................SB 294 Public assistance; juveniles not in school; termination of benefits...........................................................................................................................SB 98 Public assistance; overpayment; recovery.......................................................................HB 716 Public housing; definition ....................................................................................................SB 52 Real estate; housing surcharge to transfer tax...............................................................HB 277 State lottery; disposition of proceeds - CA......................................................................HR 11 State lottery; hospital care for indigents and educational purposes........................................................................................................HR 69 Supplemental appropriations; medical assistance...........................................................HB 98
SOLID WASTE Counties and municipalities; solid waste disposal contracts; bids...............................SB 237 Counties; solid waste disposal; permit.............................................................................HB 102 Environmental Facilities Authority; assist in disposing of solid waste.........................SB 83 Joint Study Committee on Solid Waste Management; create.....................................SR 103 Landfill operators; certification........................................................................................HB 148 Sanitary landfill operators; certification............................................................................SB 70 Solid Waste Planning, Recycling and Reduction Act; enact.......................................HB 521
SOPE CREEK ELEMENTARY SCHOOL; commend..............................................HR 261
SOUTHERN JUDICIAL CIRCUIT Addjudge.............................................................................................................................HB 298 Add judge..............................................................................................................................SB 142
SOUTHERN REGIONAL PRESS INSTITUTE; commend..................................HR 552
SOVIET JEWS AND CHRISTIANS; support "glasnost" and emigration............HR 514
SPALDING COUNTY; Griffin-Spalding County Charter Commission; create........SB 254
SPEAKER OF THE HOUSE Communications.........................................................................Pages 20, 21, 22, 157, 320, 1158 Election.................................................................................................................................Page 11
SPIGEL, BERNICE B.; commend...................................................................................SR 188
SPORTS Athletic contract; termination of college eligibility; notification...................................SB 43 Athletic Trainers, Board of; termination date...............................................................HB 626 Day camps; regulation........................................................................................................HB 231 Development authorities; colleges; certain facilities used by athletic association ...........................................................................................SB 369 Domed stadium; proceeds from hotel-motel tax................................................................HB 1 Domed stadium; World Congress Center; bonds...........................................................HB 223 Georgia State Games Commission; create ......................................................................HB 660 Georgia State Games Commission; create.......................................................................SB 194 Metropolitan Atlanta Olympic Games Authority; create.............................................HB 659 State Boxing and Wrestling Commission; create.............................................................HB 15 Torts; sports officials; liability............................................................................................HB 54
ST. MARYS, CITY OF Mayor and council; vacancies...........................................................................................HB 865 St. Marys Pilotage Commissioners; agreement with Florida.......................................HB 612

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STAKES, MARY E.; commend........................................................................................HR 257
STAMEY, C. A. "CLARENCE"; commend...................................................................HR 537
STANDRIDGE, T. J.; commend......................................................................................HR 332
STANFORD, MORGAN C.; commend...........................................................................HR 301
STARRETT JAMES CHRISTOPHER "CHRIS"; condolences.............................HR 339
STATE COURTS OF COUNTIES Clerks; investment of certain funds.................................................................................HB 448 Court Officials Retirement System; create.....................................................................HB 756 Judge; residency requirements..........................................................................................HB 192 Retired judges; compensation.............................................................................................HB 10 Superior Court Judges Retirement; certain creditable service as a state court judge........................................................................................HB 441 Vacancies; special election - CA.......................................................................................HR 161
STATE EMPLOYEES Attend certain colleges without payment of tuition .....................................................HR 386 Benefits; definition of full-time........................................................................................HB 724 Certain elections; secret ballot..........................................................................................HB 890 Certain suggestions; savings awards ................................................................................HB 516 Dismissal; compensation.........................................................................................................SB 3 Employment security; include Georgia Federal-State Shipping Point Inspection Service employees ...........................................................HB 540 Fair employment practices; status reports; requirements............................................HB 292 Health insurance; full-time person ..................................................................................HB 613 Health insurance; increases employer contribution to Health Insurance Fund; supplemental appropriations.............................................HB 381 Health insurance plans; sovereign immunity; limited waiver......................................HB 279 Hearing; representation .......................................................................................................HB 77 Hospitals and correctional facilities; night shift supplements .......................................SB 47 House Quality of Work Life Study Committee; create................................................HR 352 Interdepartmental transfers; test period.........................................................................HB 167 Interdepartmental transfers; test period.........................................................................HB 343 Interdepartmental transfers; test period.......................................................................HB 1094 Joint Management Committee of Employees and Teachers Retirement Systems; create...........................................................................................HB 284 Lobbying; prohibitions.......................................................................................................HB 122 Medical leave.........................................................................................................................HB 83 On call time; compensation....................................................................................................SB 2 Overtime pay in lieu of compensatory time......................................................................SB 46 Payroll deductions; confidentiality..................................................................................HB 611 Political activities....................................................................................................................SB 6 Public officers and employees; liability insurance; immunity...................................HB 1122 Public officials and employees; health insurance; certain itemized statement..........................................................................................HB 1071 Public officials and employees; health insurance; coverage for certain medicine.....................................................................................HB 1072 Retirement; allowance and calculation of benefits......................................................HB 1095 Retirement; average final compensation; clarification................................................HB 1013 Retirement; average final compensation; definition......................................................HB 761 Retirement; benefit changes if spouse dies.....................................................................HB 116 Retirement; certain judicial employees; membership ...................................................HB 436 Retirement; certain judicial employees; membership.................................................HB 1088 Retirement; certain military service; credit......................................................................HB 46 Retirement; domestic relations orders; requirements...................................................HB 302

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2632

INDEX

STATE EMPLOYEES (Continued) Retirement; forfeited annual and sick leave; creditable service..................................HB 753 Retirement; members transfer to Teachers Retirement...............................................HB 394 Sick leave; convert to personal leave..................................................................................SB 41 University System; charitable organizations; payroll deductions................................HB 159 Working test employee; amend application ........................................................................SB 9 Working test period; application to transfer..................................................................HB 104 Working test period; management review ......................................................................HB 291
STATE GOVERNMENT Ad valorem tax; certain property; transferor's liability................................................HB 586 Administrative procedure; hearings; private session......................................................SB 346 Administrative procedure; rule-making duties by Insurance Commissioner..................................................................................................................HB 358 Administrative Services; certain inventory; acquisition costs......................................HB 725 Aviation Hall of Fame; create...........................................................................................HB 110 Campaign contributions; Public Service Commission.....................................................HB 65 Certain elections; secret ballot..........................................................................................HB 890 Christmas trees; relative to purchase by state agencies.................................................HR 21 Commission on Economy and Efficiency in State Government; create.....................SR 140 Contracts; drug-free workplace for employees...................................................................HB 9 Contracts; letters of credit for public works ..................................................................HB 269 Contracts; payment bonds for public works; requirements............................................SB 44 Department of Industry, Trade and Tourism; name change..........................................SB 82 Employees; interdepartmental transfer; test period......................................................HB 167 Environmental Facilities Authority; assist in disposing of solid waste......................................................................................................................SB 83 Environmental Policy Act; enact......................................................................................HB 949 Ethics; extortion by public officials; prohibitions ..........................................................SB 218 Financial and Investment Commission; capital appreciation bonds; higher education.................................................................................................HB 457 Fire Department Grant Fund; create............................................................................HB 1089 General Assembly; open meetings - CA...............................................................................SR 4 Georgia State Games Commission; create......................................................................HB 660 Georgia State Games Commission; create.......................................................................SB 194 Gopher tortoise; official state reptile...............................................................................HB 531 Governor's Private Sector Survey Committee on Cost Control in State Government; create.........................................................................................HR 225 Handgun Roster Board; create.........................................................................................HB 189 House Quality of Work Life Study Committee; create................................................HR 352 House Strategic Planning Study Committee; create.....................................................HR 371 Investments of retirement funds in South African institutions....................................HB 82 Investments of state funds in South African institutions..............................................HB 80 Joint Legislative Committee on Economy, Reorganization and Efficiency in State Government; create...................................................................SR 7 Joint Study Committee on Cost Display on State Publications; create.....................SR 110 Lobbying; state agencies; registration..............................................................................HB 165 Lobbying; state officials; registration...............................................................................SB 265 Medical Assistance Department; certain agency rules; requirements......................HB 1053 Metropolitan Atlanta Olympic Games Authority; create.............................................HB 659 Open meetings, notices; public records, definitions.......................................................SB 270 Public authorities; board of directors; powers ...............................................................HB 350 Public contracts; bid restrictions ......................................................................................SB 296 Public contracts; certain bond requirements; amend provisions................................HB 309 Publications; librarians; revise provisions.......................................................................HB 587 Publications; repeal certain requirements .......................................................................SB 299 Seed Capital Fund; create .................................................................................................HB 151 Smoking in public places; amend provisions..................................................................HB 707

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2633

STATE GOVERNMENT (Continued) State flag; change design.....................................................................................................HB 24 State-wide planning and development; facilitate ..........................................................HB 215 "Tutti Frutti"; designate as official rock and roll song................................................HR 224 Use of great seal; prohibitions..........................................................................................HB 529 Vendor invoices; publication of aging reports.................................................................SB 236 Women and minorities; participation in contracts........................................................HB 103
STATE PATROL (See Law Enforcement Officers and Agencies or Public Safety, Department of)
STATE PROPERTY (See Public Property)
STEEN, EUNICE; compensation.....................................................................................HR 240
STEWART COUNTY; commissioner; revise provisions.............................................HB 1102
STEWART, GREGORY CLAUDE; recognize.............................................................HR 440
STONE, KEVIN; commend .................................................................................................HR 43
STONE MOUNTAIN, CITY OF Deannex certain territory...................................................................................................SB 331 Stone Mountain-Britt Memorial Airport; proposed expansion...................................HR 195
STONE MOUNTAIN JUDICIAL CIRCUIT; judges; supplement........................HB 886
STRICKLAND, LORRAINE; compensate...................................................................HR 109
STRONG, SYLVESTER, SR.; commend......................................................................HR 449
SUMNER FIRE DEPARTMENT; commend..............................................................HR 360
SUMNER, TOWN OF; mayor and council members; election....................................HB 825
SUMTER COUNTY; convey property .............................................................................SR 175
SUPERIOR COURTS Bailable offense before superior court judge; notification ............................................SB 255 Clerks; duties........................................................................................................................SB 183 Clerks; investment of certain funds.................................................................................HB 448 Clerks; serve as juvenile court clerk ................................................................................HB 598 County officials; filing certain affidavits and affirmations.........................................HB 407 Court Officials Retirement System; create.....................................................................HB 756 Criminal procedure; remission of bonds; notification of hearings..............................HB 426 Grand jury; upcoming appointment; notification..........................................................HB 599 Judges; bailable offenses; controlled substances............................................................HB 268 Judges; pay-level for re-employed secretaries................................................................HB 191 Judges' Retirement; certain creditable service as a state court judge.............................................................................................................HB 441 Judges' Retirement; employee contribution......................................................................SB 75 Judges' Retirement; spouses benefits; amend provisions..............................................SB 160 Judges' secretaries; salary..................................................................................................HB 141 Judges serve while member of Retirement System.......................................................HB 570 Judges serve while member of Retirement System........................................................SB 324 Juror summonses; time limit for notification.................................................................HB 127 Maps and plats; recordation and filing...........................................................................HB 112 Mortgages; recording; address requirement....................................................................HB 124 Probate court; trustees' appointment or resignation; jurisdiction..............................HB 259 Service by senior judges; amend provisions....................................................................HB 676 Statewide grand juries; create; CA......................................................................................SR 58 Superior Court Clerks' Retirement Fund; benefits.....................................................HB 1035

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INDEX

SUPERIOR COURTS (Continued) Tax execution; required notification................................................................................HB 637 Vacancies; special election - CA.......................................................................................HR 161
SUPREME COURT Joint Session; Governor's message; invite Justices and Judges ......................................HR 6 Joint Session; message from Chief Justice.........................................................................HR 7 Justices; compensation.........................................................................................................HB 55 Workers' Compensation; appeal procedures...................................................................HB 274
SURVEYORS (See Engineers and Land Surveyors)

TALBOT COUNTY; board of commissioners; compensation......................................HB 774
TALIAFERRO COUNTY; grant easement....................................................................SR 154
TALLAPOOSA JUDICIAL CIRCUIT; terms............................................................HB 412
TANNING FACILITIES; registration ...........................................................................HB 952
TARVER, SAMANTHA JO; commend.........................................................................HR 544
TATTNALL COUNTY Grant easement......................................................................................................................SR 68 Motor vehicles; staggered registration.............................................................................HB 783
TATTNALL COUNTY HISTORIC PRESERVATION, INC.; commend..........HR 283
TATTNALL SQUARE ACADEMY TROJANS FOOTBALL TEAM; invite to House ....................................................................................................HR 188
TAXATION AND REVENUE Ad valorem tax; agricultural, horticultural or forest land - CA....................................HR 15 Ad valorem tax; agricultural land; present use................................................................HB 47 Ad valorem tax; certain property of hospital authorities; exemption ........................HB 683 Ad valorem tax; certain property; transferor's liability ................................................HB 586 Ad valorem tax; education; other sources of revenue - CA .........................................HR 167 Ad valorem tax; education; preparation of digests........................................................HB 421 Ad valorem tax; education; reduce mill limitation - CA..............................................HR 111 Ad valorem tax; exempt certain veterans organizations; referendum........................HB 266 Ad valorem tax; furnish copies of county digest to certain officials..........................HB 387 Ad valorem tax; interest on late payments.....................................................................HB 776 Ad valorem tax; inventory; filing for exemption ...........................................................HB 439 Ad valorem tax; property assessed on its existing use..................................................HB 312 Ad valorem tax; property assessed on its existing use..................................................HB 406 Ad valorem tax; property assessed on its existing use..................................................HB 418 Ad valorem tax; rehabilitated historic property; assessment.......................................HB 225 Ad valorem tax; value and millage rates by local tax officials....................................HB 930 Boards of equalization; appeals; authorization ..............................................................HB 846 Business license; marriage and family therapist; exemption.......................................HB 194 Cigarettes; excise tax..........................................................................................................HB 691 Cigarettes; increase tax......................................................................................................HB 233 Cigars and cigarettes; excise tax.......................................................................................HB 480 Commission on Economy and Efficiency in State Government; create .....................SR 140 Corporate tax; date returns and payments due.............................................................HB 489
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2635

TAXATION AND REVENUE (Continued) County officials; filing of certain affidavits and affirmations .....................................HB 407 County officials; salary .......................................................................................................SB 159 Disposition of unclaimed property; time period............................................................HB 487 Distilled spirits, beer and wine; excise taxes..................................................................HB 690 Distilled spirits; excise tax................................................................................................HB 479 Distilled spirits; excise tax; stamps................................................................................HB 1121 Equalized Adjusted School Property Tax Digest Study Committee; create..............SR 152 Food Sales Income Tax Credit Act of 1989; enact.........................................................HB 714 Georgia Education Trust; create......................................................................................HB 819 Georgia Tax Reform Commission of 1990; create.........................................................HR 294 Homestead exemption; certain veterans; benefits for surviving spouses...................HB 508
Hotel-motel tax; counties and municipalities; rate.......................................................HB 770 Hotel-motel tax; increase; use of proceeds.........................................................................HB 1 Income tax; advance tuition payments; deduction........................................................HB 232
Income tax; advance tuition payments; deduction........................................................HB 818 Income tax; amend provisions..........................................................................................HB 482
Income tax; certain persons; credit..................................................................................HB 710
Income tax; certain retirement income; exemption.......................................................HB 471 Income tax; child care credit............................................................................................HB 241 Income tax; corporations; allocation of income..............................................................HB 467
Income tax; corporations; certain tax credits.................................................................HB 532 Income tax; credit for certain homesteads or farms.....................................................HB 717 Income tax; credit for certain persons.............................................................................HB 636
Income tax; credit for child or dependent care ...............................................................HB 25 Income tax; exemption for certain widows and widowers; elderly..............................HB 133
Income tax; first-time purchase of home; certain exemptions....................................HB 419 Income tax; job tax credit; certain counties...................................................................HB 240 Income tax; local peace officers retirement benefits; exemption................................HB 429
Income tax; military and civil service retirement; exemption...................................HB 1099 Income tax; military pay and certain civilian employees; exemption ........................HB 936 Income tax; payments of estimated taxes; date.............................................................HB 485
Income tax; individual net income; amend provisions..................................................HB 486 Income tax return form; certain designation; assignment............................................HB 792
Income tax; timber sales; certain exemption..................................................................HB 939 Income tax; timber sales; credit.......................................................................................HB 940
Insurance; county tax; proceeds.......................................................................................HB 617 Intangible tax; certain property; change rate.................................................................HB 450
Intangible tax; personal property; exemption; referendum..........................................HB 213 Joint county and municipal sales tax; increase................................................................HB 45
Joint county and municipal sales tax; special districts; proceeds...............................HB 220 Judges of Probate Courts Retirement Fund; amend provisions .................................HB 444 Judicial sales; prepayment costs; requirements.............................................................HB 935
License plates; amend provisions.....................................................................................HB 131
Local governments; sales tax without certain limitation - CA....................................HR 279 Local school boards; other sources of revenue - CA.......................................................HR 72
Malt beverages; excise tax.................................................................................................HB 477 Marijuana and controlled substances..............................................................................HB 164
Motor fuel; amount of excise tax ......................................................................................HB 14 Motor fuel; remove exemption from sales tax ...............................................................HB 338 Motor fuel tax; rate............................................................................................................HB 144
Motor fuel tax; urge Congressional Delegation to oppose............................................HR 112 Motor vehicle license applications; bond requirements
for certain persons..........................................................................................................HB 582 Motor vehicle license plates; free for certain veterans.................................................HB 572
Motor vehicles; licensing and registration; tax returns; date.......................................HB 694 Property furnished by regional water or sewer authority;
sales tax exemption........................................................................................................HB 153

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INDEX

TAXATION AND REVENUE (Continued) Property of Boy Scouts or Girl Scouts; sales tax exemption.......................................HB 158 Public Revenue Code; reference date; Federal tax code ..............................................HB 483 Real estate; housing surcharge to transfer tax...............................................................HB 277 Redevelopment powers; taxable value; definition .........................................................HB 247 Revenue Department; assessment of tax or license fee; notice...................................HB 481 Sales tax; advertising; certain transactions outside of state........................................HB 442 Sales tax; aircraft; definition for exemption purposes..................................................HB 900 Sales tax; amend provisions..............................................................................................HB 490 Sales tax and second motor fuel tax; refund for diesel fuel purchases......................HB 423 Sales tax; certain aircraft labor and materials; exemption..........................................HB 899 Sales tax; certain industrial materials; exemption ........................................................HB 293 Sales tax; certain motor vehicle sales..............................................................................HB 655 Sales tax; change rate.........................................................................................................HB 365 Sales tax; exempt food.........................................................................................................HB 78 Sales tax; exemption on fuel; commercial shrimpers....................................................HB 374 Sales tax; export; certain exemption; clarification........................................................HB 594 Sales tax; food, residential phone, electrical and gas service; exemption.............................................................................................................HB 84 Sales tax; increase; ad valorem tax relief........................................................................HB 585 Sales tax; increase rate.......................................................................................................HB 474 Sales tax; increase rate.......................................................................................................HB 505 Sales tax; increase rate.......................................................................................................HB 650 Sales tax; increase rate; exempt food and drugs............................................................HB 416 Sales tax; increase; repeal special county sales tax.......................................................HB 493 Sales tax; metal coins and bullion; exemption.............................................................HB 1087 Sales tax; sales of aircraft, vehicles and vessels.............................................................HB 172 Sales tax; videotape rentals; exemption..........................................................................HB 488 Special county one percent sales tax; use of proceeds..................................................HB 986 Special county sales tax; amend or repeal provisions...................................................HB 267 Special county sales tax; change termination date........................................................HB 228 Special county sales tax; educational purposes - CA......................................................HR 95 Special county sales tax; educational purposes - CA....................................................HR 168 Special county sales tax; separate proposals..................................................................HB 506 Special county sales tax; separate proposals for each project.....................................HB 693 Special one percent sales tax; educational purposes - CA...........................................HR 227 Special sales tax; amend provisions relating to repeal.................................................HB 150 State employees; payroll deductions; confidentiality....................................................HB 611 State lottery; provide...........................................................................................................HB 48 Street improvement bonds; interest rate........................................................................HB 377 Tax execution; required notification................................................................................HB 637 Tax relief; elderly - CA......................................................................................................HR 238 Tax sales; foreclosure notice of right to redeem............................................................HB 123 Timberland; long-term capital gains; tax differential...................................................HR 349 Wine; excise tax..................................................................................................................HB 478
TAXIDERMY, STATE BOARD; create.......................................................................HB 453
TAYLOR, BRIGADIER GENERAL CHARLES W., JR.; commend...................HR 230
TAYLOR COUNTY Board of education; compensation...................................................................................HB 781 County manager; create office........................................................................................HB 1082
TAYLOR, REVEREND HENRY C.; condolences......................................................HR 432
TEACHERS (Also, see Education) Assessments; amend provisions........................................................................................HB 766 Certain supported schools; credit.....................................................................................HB 557

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2637

TEACHERS (Also, see Education) (Continued) Development programs; stipends.....................................................................................HB 553 Education Department; certain retired personnel; employment eligibility....................................................................................................HB 863 Employees' Retirement; members transfer to Teachers Retirement..........................HB 394 Flexible benefit plan..........................................................................................................HB 452 Health insurance plans; sovereign immunity; limited waiver ......................................HB 279 Health insurance; retired public school teachers; benefits...........................................HB 606 Hiring practices; discrimination..........................................................................................SR 52 Teachers or school bus drivers; abusing; students having electronic devices; prohibitions........................................................HB 166 Joint Management Committee of Employees and Teachers Retirement System; create............................................................................................HB 284 Leave school when closed; certain circumstances........................................................HB 1037 Local boards of education; establish sick leave pools ...................................................HB 370 Local boards of education; establish sick leave pools....................................................SB 147 Local boards of education; group medical and dental insurance................................HB 440 Midterm adjustments; training and experience...........................................................HB 1077 On-the-job performance test; exemption ........................................................................HB 375 Pregnancy leave; credit......................................................................................................HB 273 Religious holidays shall not be charged against sick leave ........................................HB 1051 Resignation, termination, suspension or demotion; notification .................................HB 564 Retirement; accumulated sick leave; limitation.............................................................HB 179 Retirement; average computation....................................................................................HB 119 Retirement; certain persons; creditable service.............................................................HB 458 Retirement; certain public school personnel; membership..........................................HB 727 Retirement; creditable service; visiting scholar..............................................................HB 109 Retirement; credit for service in certain local system ..................................................HB 156 Retirement; postretirement benefit adjustment............................................................HB 737 Retirement; postretirement benefit adjustment............................................................HB 738 Retirement; pregnancy leave; creditable service............................................................HB 121 Retirement; reestablish certain creditable service.........................................................HB 459 Retirement; reestablishment of creditable service.........................................................HB 964 Retirement; reestablishment of creditable service.......................................................HB 1092 Retirement; service requirement ........................................................................................HB 28 Retirement; teaching service for handicapped children; credit.................................HB 1091 Retirement; transfer by faculty of University System..................................................HB 639 Retirement; transfer from local system; refund.............................................................HB 623 Retirement; transfer service from Employees' Retirement........................................HB 1110 Retirement; transfers from local system; requirements................................................HB 622 Retirement; twenty-nine years of service........................................................................HB 197 Schools; hiring practices; investigation ...........................................................................HR 221 Schools; student attend where parent teaches...............................................................HB 321 State-wide uniform annual evaluation; date ..................................................................HB 954 Teachers and certificated employees; certain employment continuation; compensation.........................................................................................HB 1054 Transfer employment; Central State Hospital; salary adjustment.............................HB 917
TEDESCO, DR. FRANCIS J.; invite to House..............................................................HR 78
TELEPHONE AND TELEGRAPH SERVICE Alternate operator service; regulation...........................................................................HB 1078 Georgia Service Center for Hearing Impaired Persons; provide....................................SB 38
Public Service Commission; rate schedules for certain telephone areas; prohibitions........................................................................................HB 162
Telecommunication; hearing and speech impaired persons; service............................SB 310 Toll free dialing; certain intracounty calls .....................................................................HB 720

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INDEX

TELEVISION Cable Television Study Committee; create ....................................................................HR 354 Civil practice; depositions; videotaping.........................................................................HB 1055 Death penalty; televise proceedings...................................................................................HB 89 Sales tax; advertising; certain transactions outside of state ........................................HB 442 Sales tax; videotape rentals; exemption..........................................................................HB 488 Torts; defamatory statements............................................................................................SB 239
TEMPLE HIGH SCHOOL TIGERS BASKETBALL TEAM; commend ..........HR 436
TENNILLE FINE ARTS CLUB; commend ................................................................. HR 430
THANKFUL BAPTIST CHURCH; congratulate.......................................................HR 476
THE SHIPWRECK RESTAURANT; commend........................................................HR 431
THE UPSON HOME JOURNAL; commend...............................................................HR 444
THEFT Insurance; fraudulent claim on stolen motor vehicles ................................................HB 1086 Motor Vehicle Theft and Insurance Fraud Reporting Act; enact ............................HB 1111
THOMAS, ALBERT; commend .......................................................................................HR 304
THOMAS COUNTY; board of education; election.......................................................HB 680
THOMASTON, CITY OF, FRANK BINFORD AND BOY SCOUTS Commend............................................................................................................................. HR 443
THOMASVILLE HIGH SCHOOL BULLDOGS; commend ..................................HR 181
THOMASVILLE HIGH SCHOOL VARSITY CHEERLEADERS Commend............................................................................................................................. HR 176
THUNDERBOLT, TOWN OF; corporate limits ........................................................HB 1010
TIFT AREA ACADEMY FOOTBALL TEAM; commend......................................HR 282
TIFT COUNTY Board of commissioners; session date..............................................................................HB 371 State court; sheriff and clerk; compensation..................................................................HB 554
TIFT COUNTY 4-H POULTRY JUDGING TEAM; commend.............................HR 61
TIFTON, CITY OF; commission chairman and vice-chairman; terms of office.....................................................................................................................HB 373
TOCCOA, CITY OF Commissioners; election.....................................................................................................HB 454 Corporate limits..................................................................................................................HB 811
TOCCO, DR. THOMAS S.; commend............................................................................HR 535
TOOMBS COUNTY; board of commissioners; compensation.....................................HB 960
TOOMBS, JAMES WELDON; condolences.................................................................HR 128
TORTS Abusive litigation; definition.............................................................................................HB 332 Child support; limitation on action.................................................................................HB 563 Civil action; professional negligence; affidavit requirement........................................HB 320 Defamatory statements in visual or sound broadcast; abusive litigation..............................................................................................................SB 239 Guardianship; certain actions by minors; bond requirements......................................SB 207

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2639

TORTS (Continued) Intoxicated persons; liability for acts..............................................................................HB 546 Medical malpractice; mandatory arbitration for certain claims................................HB 1011 Pesticide contamination cases; remove liability limitation............................................HB 11 Sports officials; liability .......................................................................................................HB 54 Workers' Compensation; recovery against third party tort-feasors............................HB 319 Workers' Compensation; subrogation rights of injured employee ..............................HB 641
TOWNS COUNTY Commissioner; compensation..........................................................................................HB 1115 Sheriff; duties....................................................................................................................HB 1112
TOWNS COUNTY HIGH SCHOOL BASEBALL TEAM; commend.................HR 328
TRADE (See Commerce and Trade)
TRAFFIC OFFENSES (See Motor Vehicles and Traffic)
TRANSPORTATION, DEPARTMENT OF (Also, see Highways, Bridges and Ferries) A. T. Land, Sr. Highway; designate.....................................,...........................................HR 277 Battle Smith Bridge; designate ...........................................................................................SR 95 Creek Indian Trail Scenic Highway; designate..............................................................HR 228 Developmental highways; funding......................................................................................HB 16 Floy Farr Parkway; designate..............................................................................................SR 36 George S. Lee Causeway; designate...................................................................................HR 66 Handicapped parking; designation....................................................................................SB 164 Highways; left turn only lanes; prohibitions..................................................................HB 603 Highways; length and load of vehicle; limits..................................................................HB 431 Highways; length and weight of vehicles and semi-trailers; rear-end protection device...............................................................................................HB 53 Highways; length of certain vehicles transporting live poultry; restrictions ........................................................................................................HB 473 Highways; length of vehicles; amend provisions...............................................................SB 53 Highways; weights and load of vehicles; permits...........................................................HB 534 House Truck Safety Study Committee; create..............................................................HR 407 Joel Cowan Parkway; designate..........................................................................................SR 35 J. R. Reeves Bridge; designate.........................................................................................HR 366 Juliette Gordon Low Highway; designate.......................................................................HR 110 Lightwood Knot Bridge; designate..................................................................................HR 242 Limited-access roads; municipal consent; certain exceptions......................................HB 757 Motor vehicles; improperly parked cars; removal..........................................................HB 492 Motor vehicles; reflectors on certain trailers; requirements........................................HB 538 Motorcycles; headsets and headphones; authorization.................................................HB 280 Northeast Georgia Surface and Air Transportation Commission; create..................HB 853 Peach Parkway; designate.................................................................................................HR 190 State Board; call for election of member from Ninth Congressional District.........................................................................................Page 22 State Board; call for election of member from Tenth Congressional District ........................................................................................Page 22 State property; certain acquisition; amend provisions .................................................HB 822 Traffic control devices; installation .................................................................................HB 395 Transportation trust funds; remove from federal budget; urge Congressional action...............................................................................................SR 142 U. S. 441 Business Historic Route; designate..................................................................HR 74 William A. Ridley Bridge; designate..................................................................................SR 39
TRESPASSING; public hunting and fishing areas, constituting trespass; dangerous dogs, post sign ............................................................SB 106

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2640

INDEX

TRIALS Appeals; transcript requirement; extension of time........................................................HB 34 Appellate court; stipulated record and transcript.........................................................HB 713 Civil procedure; alternate jurors; service ........................................................................HB 106 Criminal procedure; entry of nolle prosequi; notification............................................HB 322 Defendant furnish list of witnesses to district attorney...............................................HB 180 Evidence; defendant's testimony; impeachment.............................................................SB 217 Witnesses; competency and credibility............................................................................HB 310 Witnesses; competency of child; amend provisions.......................................................HB 218
TRUSTS (Also, see Wills, Trusts and Administration of Estates) Attorneys; trust accounts of client's funds; proceeds....................................................HB 105 Corporate officers and employees; insurable interest...................................................HB 472
TURNER COUNTY Board of education; vacancies; special election..............................................................HB 826 Board of elections; provide................................................................................................HB 827
TURNER, LAWRENCE KEITH; commend................................................................HR 344
TYRONE, CITY OF; Mayor and councilmember; qualifications..............................^ 1017
"TUTTI FRUTTI"; designate as official rock and roll song........................................HR 224

u

UNADILLA, CITY OF Arena and Tourism Authority; create.............................................................................HB 805 Corporate limits..................................................................................................................HB 994
UNEMPLOYMENT COMPENSATION (See Employment or Labor and Industrial Relations)
UNION COUNTY Commissioner; compensation..........................................................................................HB 1113 Sheriff; duties....................................................................................................................HB 1108
UNITED STATES MARSHALLS SERVICE; commend .......................................HR 284
UNIVERSITY OF GEORGIA FOOTBALL TEAM Commend.............................................................................................................................HR 177 Commend.............................................................................................................................HR 260
UNIVERSITY SYSTEM OF GEORGIA (See Board of Regents, University System of Georgia)
UNIVERSITY SYSTEM OF GEORGIA OUTSTANDING SCHOLARS Commend............................................................................................................................HR 117
USED CAR DEALERS Definition..............................................................................................................................SB 214 License plates; amend provisions.....................................................................................HB 131 Used motor vehicle dealers; brokers and auctioneers; registration...........................HB 1084 Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers, State Board; termination date .......................................................................SB 241
V
VAN NORTE, HARRIET; commend.............................................................................. HR 471
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2641

VENEREAL DISEASE AIDS; certain persons; disclosure of confidential information....................................HB 842 County boards of health; treatment of certain patients; standards ...........................HB 974 Property owner; failure to disclose certain information; prohibit action.................................................................................................................HB 519
VETERANS' AFFAIRS Ad valorem tax; exempt certain veterans organizations; referendum ........................HB 266 Homestead exemption; certain veterans; benefits for surviving spouses...................HB 508 License plates; disabled veterans; design........................................................................HB 100 License plates; military; certain colors............................................................................HB 765 License plates; military; certain colors.............................................................................SB 308 Motor vehicle license plates; free for certain veterans.................................................HB 572 Park facilities; reduced fees for disabled veterans ........................................................HB 129
VICKERS, WANDA; commend........................................................................................HR 438
VILLA RICA, CITY OF; mayor and councilmen; election.........................................HB 804
VILLINES, COLONEL AUBREY T.; commend........................................................HR 490
VITAL RECORDS Birth certificate; spontaneous fetal death ......................................................................HB 640 Birthdate; giving false information to law enforcement personnel...............................HB 32
VOCATIONAL EDUCATION House Postsecondary Vocational Education Laboratory, Equipment and Library Research Needs Study Committee; create...........................................HR 275 Postsecondary Vocational Educational Board; change reference to State Department of Technical and Adult Education.........................................HB 628 Proprietary School Act; provisions relating to State Board of Education..............................................................................................HB 654 State Boards of Education and Technical and Adult Education; liaison committees......................................................................................HR 312 State contracts; approval by Board of Technical and Adult Education; certain exemption.......................................................................................HB 427 Technical and Adult Education Department; certain federal funds; authorization........................................................................................................HB 584 Technical and Adult Education, State Board; staggered terms..................................HB 428
VOCATIONAL EDUCATION WEEK; recognize ......................................................HR 252
VOTING (Also, see Elections) Absentee ballot; certain persons make application for elector.........................................SB 8 Biennial training of certain officials..................................................................................HB 60 Blind persons; oath requirements....................................................................................HB 254 Booth for handicapped persons; designation ..................................................................SB 178 Candidates; qualifying lists; prohibitions........................................................................HB 239 Certain write-in candidates ...............................................................................................HB 408 County officials; nonpartisan primaries; repeal provisions........................................HB 1132 Disclosure; amend provisions............................................................................................HB 405 Election Code; amend.........................................................................................................SB 165 Elections; vacate office when qualifying for another - CA.............................................SR 42 Electors, aged 75 or handicapped; polling places, certain prohibitions........................................................................................................HB 403 Electors; proper identification for registration..............................................................HB 404 Municipal elections; recount; amend provisions...............................................................SB 42 Public Officers Recall Act of 1989; enact.........................................................................HB 73 Registrars and chief registrar; compensation...............................................................HB 1131 Registrars issue new cards.................................................................................................HB 400

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2642

INDEX

VOTING (Also, see Elections) (Continued) Seating arrangements for handicapped and elderly.......................................................SB 177 Voter registration cards; certain information...................................................................HB 72 Voter registration; driver's license examiners................................................................HB 227 Voter registration; driver's license examiners ................................................................HB 242 Write-in ballots; counted at tabulating centers...............................................................HB 59

w

W. H. SHAW HIGH SCHOOL MARCHING BAND; commend...........................HR 142
WALDREP, HONORABLE KEN House of Representatives; resignation.............................................................................Page 19
WALDROP, CHARLES MOSES; commend................................................................HR 356
WALDROP, VIVIAN; commend......................................................................................HR 546
WALKER, B. E.; commend................................................................................................HR 346
WALKER COUNTY Coroner; compensation.......................................................................................................HB 854 Probate court judge personnel; compensation ...............................................................HB 646 Superior court clerk; personnel; compensation..............................................................HB 645 Tax commissioner's personnel; compensation................................................................HB 647
WALLIS, FRANCES LOUISE; commend....................................................................HR 433
WALTON COUNTY; magistrate court; library fees.....................................................HB 869
WANG, YUNG CHING AND NAN YA PLASTICS, TAIWAN; welcome........HR 463
WARD, MARVIN; commend ............................................................................................HR 336
WARE, HONORABLE JAMES CRAWFORD; commend.......................................HR 205
WAREHOUSING; leaf tobacco sales; repeal certain provisions..................................HB 923
WARNER ROBINS, CITY OF; Warner Robins Clean Community Commission; recognize.........................................................................................................HR 84
WARNER ROBINS HIGH SCHOOL "DEMONS"; commend ..............................HR 151
WARRANTS Agriculture Department; inspection warrants.................................................................SB 116 Courts; failure to appear; warrant for arrest..................................................................HB 495 Criminal procedure; law office; control searches...........................................................HB 356
WARREN COUNTY Deputy sheriffs; appointment...........................................................................................HB 910 Deputy sheriffs; appointment............................................................................................SB 365
WARRENTON, CITY OF; mayor, mayor pro tern and councilmembers; election.................................................................................................................................HB 909
WATER AND WASTEWATER (Also, see Waters, Ports and Watercraft) Aerobic wastewater treatment plants; authorize usage.................................................HB 746 Boats; discharge of sewage on Lake Lanier; certain exceptions...................................SB 309 Cleaning agents; retail sales; certain prohibitions.........................................................HB 762
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INDEX

2643

WATER AND WASTEWATER (Also, see Waters, Ports and Watercraft) (Continued) Hazardous Materials Safety Act; enact...........................................................................HB 931 Health; nonsewered toilet systems; regulate ..................................................................HB 619 Low phosphorus household laundry detergents; retail sales; local governments to mandate ............................................................................ HB 719 Municipalities; violations of ordinance; service of notice..............................................SB 244 Soil and Water Conservation Committee; rule-making process.....................................SB 84 Solid Waste Planning, Recycling and Reduction Act; enact.......................................HB 521 Treatment plant operators; continuing education.........................................................HB 574 Wastewater treatment plant; permit...............................................................................HB 696 Water control; discharges of pollutants; regulations.....................................................HB 345
WATERS, CHASTITY CAROL; invite to House........................................................HR 191
WATERS, M. D. (DUVON); condolences......................................................................HR 130
WATERS, PORTS AND WATERCRAFT Aquaculture Development Commission; create..............................................................HB 420 Boat Safety Act; sailboards.................................................................................................HB 49 Boats; discharge of sewage on Lake Lanier; exceptions................................................SB 309 Clarks Hill Lake; designation...........................................................................................HR 115 Cleaning agents; retail sales; certain prohibitions.........................................................HB 762 Coastal marshlands; construction of marinas; leasing requirements..........................HB 272 Commercial fishing; limit number of fish baskets; certain lakes................................HB 134 Disposition of abandoned vessels.....................................................................................HB 476 Environmental Policy Act; enact......................................................................................HB 949 Farm Conservation and Water Protection Act of 1988; urge Congress to delay reintroduction ........................................................................HR 171 Fishing; creel limits; opening and closing of salt waters...............................................SB 105 Fishing; sport trotlines; remove certain prohibitions..................................................HB 1100 Game fish; definition..........................................................................................................HB 285 Georgia Water Supply Act; enact .......................................................................................SB 86 Hazardous Materials Safety Act; enact...........................................................................HB 931 Health; nonsewered toilet systems; regulate ..................................................................HB 619 House Savannah River Basin Study Committee; create..............................................HR 106 Joint West Point Lake Study Committee; create ..........................................................SR 128 Low phosphorus household laundry detergents; retail sales; local governments to mandate ...........................................................................HB 719 Natural Resources Department; marinas; certain provisions ......................................HB 263 Nurserymen and landscapers; agriculture priority during water shortages...................................................................................................HR 388 Pigeon River; urge certain action by Governor of Tennessee .....................................HR 539 Property furnished by regional water or sewer authority; sales tax exemption........................................................................................................HB 153 River Corridor Protection Act; enact............................................................................HB 1133 St. Marys Pilotage Commissioners; agreement with Florida.......................................HB 612 Sales tax; sales of aircraft, vehicles and vessels.............................................................HB 172 Streams; certain water rights of passage..........................................................................SB 203 Wastewater treatment plant; permit...............................................................................HB 696 Water and wastewater treatment plant operators; continuing education .................HB 574 Water control; discharges of pollutants; regulations.....................................................HB 345 Water Supply Protection Act; enact................................................................................HB 184
WATERS, SHERIFF ROMIE; commend......................................................................HR 138
WATSON, HONORABLE CLINTON K., JR.; commend........................................HR 234
WATSON, JARRET LEE Commend...............................................................................................................................HR 80 Invite to House.....................................................................................................................HR 79

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2644

INDEX

WAYCROSS, CITY OF Mayor and commissioners; qualifications; corporate limits...........................................HB 41 Revise charter....................................................................................................................HB 1025
WAYCROSS CITY SCHOOL SYSTEM; commend..................................................HR 200
WEAPONS Firearms dealer; ammunition to underage persons.......................................................HR 409 Firearms dealer; information required of purchaser.....................................................HB 190 Firearms; peace officers; possession; amend provisions................................................HB 593 Firearms; possession by certain persons............................................................................SB 20 Hunting; firearm or archery tackle; prohibitions...........................................................HB 494 National Rifle Association; support position....................................................................HR 86
WEBSTER COUNTY; board of commissioners; create ...............................................HB 965
WEIGHTS AND MEASURES Highways; length and load of vehicle; limits..................................................................HB 431 Highways; length and weight of vehicles and semi-trailers; rear-end protection device...............................................................................................HB 53 Highways; length of certain vehicles transporting live poultry; restrictions........................................................................................................HB 473 Highways; length of vehicles; amend provisions...............................................................SB 53 Highways; length of vehicles; requirements....................................................................HB 464 Highways; weights and load of vehicles; permits...........................................................HB 534 Motor vehicles; weight limitations; federal specifications............................................HB 438
WELFARE (See Social Services)
WHEELER, RICHARD (SCRAP); commend..............................................................HR 391
WHITE COUNTY; convey property ................................................................................HR 165
WHITFIELD COUNTY Board of education; election.............................................................................................HB 579 Coroner; compensation.......................................................................................................HB 834
WHITMIRE, HONORABLE SAM LLOYD; commend...........................................HR 183
WILCOX COUNTY Board of commissioners; election.....................................................................................HB 808 Board of education; election.............................................................................................HB 807
WILDLIFE Baited areas; erect sign......................................................................................................HB 734 Feeding certain animals; prohibitions.............................................................................HB 264 Hunting at night; prohibitions..........................................................................................HB 363 Hunting deer at night from boat or vehicle; amend provisions..................................HB 987 Hunting; ducks, geese, or swans; waterfowl stamp; requirement..................................HB 56 Hunting; firearm or archery tackle; prohibitions...........................................................HB 494 Hunting; suspension of privileges; negligence................................................................HB 361 Hunting; turkey gobblers; closing season........................................................................HB 424 Hunting while intoxicated; criminal provisions.............................................................HB 360
WILKES COUNTY; board of commissioners; compensation......................................HB 791
WILKES, DR. DIANE; commend...................................................................................HR 428
WILKINSON COUNTY Board of Education member; serve as municipal officer ..............................................SB 384 Gordon; municipal officer serve on Wilkinson County Board of Education.........................................................................................................SB 385 Grant nonexclusive easement..............................................................................................SR 22

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INDEX

2645

WILLCOX, CHARLES JASON; commend..................................................................HR 156
WILLIAM B. HARTSFIELD ATLANTA INTERNATIONAL AIRPORT; relative to ..................................................................................................... HR 433
WILLS, TRUSTS AND ADMINISTRATION OF ESTATES Corporate officers and employees; insurable interest...................................................HB 472 Estates; certain powers of administrator........................................................................HB 357 Estates; decedent's residence and court jurisdiction.....................................................HB 157 Estates; temporary administrator for deceased person ................................................HB 147 Estates; year's support; certain property set apart.......................................................HB 460 Executors; certain aliens; requirements ..........................................................................HB 258 Executors; fee schedules..................................................................................................HB 1096 Georgia Transfers to Minors Act; enact..........................................................................HB 256 Guardian; transfer jurisdiction of trust; judge's order..................................................HB 733 Living wills; witnesses required..........................................................................................HB 76 Nonresidents; transfer of real property; service of process...........................................SB 321 Probate court; trustees' appointment or resignation; jurisdiction..............................HB 259
WILSON, BRAD; invite to House....................................................................................HR 419
WILSON, HONORABLE JOE MACK; commend.....................................................HR 382
WINDER, CITY OF Airport authority; membership.........................................................................................HB 824 Grant easement.....................................................................................................................HR 98
WINE (Also, see Alcoholic Beverages and Alcoholism) Excise tax.............................................................................................................................HB 478 Excise tax.............................................................................................................................HB 690
WITNESSES Competency and credibility..............................................................................................HB 310 Competency of child; amend provisions..........................................................................HB 218 Evidence; child's testimony on sexual conduct and abuse...........................................HB 397 Evidence; competency.........................................................................................................SB 216 Evidence; defendant furnish list of witnesses to District Attorney............................HB 180 Evidence; defendant's testimony; impeachment.............................................................SB 217 Evidence; medical malpractice; actions.........................................................................HB 1135 Evidence; prosecution for rape.........................................................................................HB 229 Evidence; records obtained from Public Safety Department......................................HB 380 Fees; law enforcement personnel......................................................................................HB 260 Fees; law enforcement personnel.......................................................................................SB 103 Joint Evidence Study Committee; create .......................................................................HR 317
WOMEN FOR MORRIS BROWN COLLEGE; commend.......................................HR 531
WOOD, HONORABLE JOE T. Commend.............................................................................................................................HR 143 Invite to House...................................................................................................................HR 411
WOOD, JAMES PAUL, II; commend............................................................................HR 308
WOODARD, WILLIE MAE; compensation..................................................................HR 266
WORKERS' COMPENSATION Appeal procedures..............................................................................................................HB 274 Assessment for rehabilitation; certain time....................................................................HB 891 Definitions; directors emeritus; appointment.................................................................HB 989 Employees' rights; prohibit penalty.................................................................................HB 777 Occupational disease; disablement claim; time for filing...........................................HB 1036

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2646

INDEX

WORKERS' COMPENSATION (Continued) Occupational disease; repeal reduction of certain compensation..............................HB 1052 Pharmacy services; requirements.....................................................................................HB 686 Securities deposit or surety bond.....................................................................................HB 367 Selection of physician; authorization...............................................................................HB 359 Subrogation rights of injured employee..........................................................................HB 641
WORLD CONGRESS CENTER Hotel-motel tax; increase; use of proceeds for domed stadium.......................................HB 1 Revenue bonds....................................................................................................................HB 223
WORTH COUNTY, ALICE CONWAY AND THE WORTH COUNTY MISSION; commend........................................................................................................HR 345
WORTH COUNTY SAVE THE CHILDREN COMMITTEE; commend...........HR 334
WORTH, JOHN EUGENE; commend ...........................................................................HR 470

Y

YOST, DR. HENRY F.; commend...................................................................................HR 164 YOUNG, DANIEL W., SR.; condolences.......................................................................HR 187 YOUNG, HONORABLE ANDREW W.; invite to House............................................HR 30 YOUNG, WILLIAM F.; commend...................................................................................HR 235 YOUTH ASSEMBLY OFFICIALS; commend...........................................................HR 281
z

ZONING Counties and municipalities; amend procedures - CA....................................................HR 88 Counties; annexation; procedures.....................................................................................HB 845 Metropolitan Area Planning and Development Commissions; budgeting provisions.......................................................................................................HB 163 State-wide planning and development; facilitate..........................................................HB 215 Zoning Procedures Law for Metropolitan Counties; enact..........................................HB 555

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PART II
HOUSE BILLS
HB 1 --Hotel-motel tax; increase; use of proceeds..................................23, 53, 198, 221, 294, 393, 544
HB 2 --Misdemeanors; penalty; amend provisions ..................................23, 53, 178, 250 HB 3 --Nursing homes; receiverships; certain violations.........................................23, 53 HB 4 --Treatment of alcoholics; effective date..............................23, 53, 515, 576, 1333 HB 5 --Business opportunity; definition...........................................24, 53, 177, 303, 640 HB 6 --Children; transporting in rear of pick up trucks;
prohibitions...............................................................................................24, 53 HB 7 --State Boxing Commission; termination date.......................24, 53, 147, 190, 641 HB 8 --State Board of Recreation Examiners; termination date..........................24, 53,
153, 712, 986, 2184 HB 9 --State contracts; drug-free workplace for employees ...................................24, 53 HB 10 --State courts; retired judges; compensation....................................24, 53, 76, 105 HB 11 --Pesticide contamination cases; remove liability
limitation........................................................................24, 53, 290, 354, 1372 HB 12 --Handicapped persons; self-service fuel; cost................................................25, 53 HB 13 --County and municipal officials; abuse of office;
prohibitions...............................................................................................25, 53 HB 14 --Motor fuels; amount of excise tax..................................................................25, 53 HB 15 --State Boxing and Wrestling Commission; create...............................25, 53, 147,
191, 641 HB 16 --Developmental highways; funding ..................................25, 53, 1526, 1573, 2319 HB 17 --Safety belts; requirements...............................................................................25, 53 HB 18 --Campaign contributions; certain prohibitions..............................................26, 53 HB 19 --Criminal procedure; arraignment date; notification ..........................26, 53, 178,
251, 826 HB 20 --Driver's license; suspension; notification by
certified mail.............................................................................................26, 53 HB 21 --Motor vehicle inspection; certain vehicles....................................................26, 53 HB 22 --School readiness assessment; eliminate.........................................................26, 53 HB 23 --Insurance rates; certain prohibitions.............................................................26, 53 HB 24 --State flag; change design.................................................................................27, 53 HB 25 --Income tax credit; child or dependent care..................................................27, 53 HB 26 --Lotteries; nonprofit religious institutions.....................................................27, 53 HB 27 --Sexual offenses against children; age provisions..........................................27, 53 HB 28 --Teachers Retirement; service requirement...................................................27, 53 HB 29 --Cruelty to children; offense of reckless abandonment ........................27, 53, 99,
149, 561 HB 30 --Drug trafficking; penalties.........................................30, 53, 557, 652, 1910, 2223 HB 31 --Chattahoochee County; board of commissioners;
compensation.......................................................................28, 53, 62, 62, 216 HB 32 --Birthdate; giving false information to law
enforcement personnel.................................................28, 53, 178, 252, 1274

2648

INDEX

HB 33 --Motor vehicle accidents; injuries to dog or cat............................................28, 53 HB 34 --Appeals; transcript requirement; extension of time...........................28, 53, 197,
247, 273 HB 35 --Criminal procedure; inspection of files by defendant.................................28, 53 HB 36 --Health; hypertension screening......................................................................28, 53 HB 37 --Driving under the influence; second conviction;
insurance coverage...................................................................................28, 53 HB 38 --Motor vehicle insurance; financial responsibility; proof.............................29, 53 HB 39 --Schools; crossing guards; citations.................................................................29, 53 HB 40 --Driver's license records; abstracts of applicants
for employment by local police departments ......................................29, 53 HB 41 --Waycross, City of; Commission; eligibility to hold office..........................29, 53,
76, 77, 181 HB 42 --Peace Officers' Annuity and Benefit Fund; collections;
filing forms.......................................................................29, 53, 147, 182, 690 HB 43 --Peace Officers' Annuity and Benefit Fund; define ............................29, 53, 147,
182, 1041, 1051
HB 44 --Peace officers' Annuity and Benefit Fund; benefit provisions ..................................................................................................30, 53
HB 45 --Joint County and Municipal Sales Tax; increase rate ......................30, 53, 517, 566, 944
HB 46 --Employees' Retirement; certain military service; credit.............................30, 53 HB 47 --Ad valorem tax; agricultural land; present use............................................30, 53 HB 48 --State Lottery; provide......................................................................................30, 53 HB 49 --Boat Safety Act; sailboards .........................................30, 53, 197, 252, 947, 1514 HB 50 --Hunting license; exempt field or retriever trials................................31, 53, 386,
535, 945 HB 51 --Health care facilities; amend definition.............................31, 53, 515, 620, 1544 HB 52 --Campaign contributions; Commissioner of Insurance.................................31, 53 HB 53 --Highways; length of vehicles and semi-trailers;
rear-end protection devices...............................31, 53, 816, 835, 1276, 1298 HB 54 --Torts; sports officials; liability ..................................31, 53, 291, 356, 1336, 1507 HB 55 --Supreme Court justices; Court of Appeals judges;
compensation.................................31, 53, 76, 1561, 2138, 2226, 2299, 2300, 2468, 2480, 2514
HB 56 --Hunting ducks, geese, or swans; waterfowl stamp; requirement....................................................................32, 53, 197, 253, 1038
HB 57 --Motor vehicle insurance; loss of income for sole shareholder.....................................................................32, 53, 240, 315, 1372
HB 58 --Pharmacies operated by college of pharmacy; special permits...............................................................32, 53, 240, 308, 2002
HB 59 --Write-in ballots; counted at tabulating centers..................................32, 53, 239, 278. 716
HB 60 --Elections; biennial training of certain officials ............................................32, 53 HB 61 --Deputy registrars; residency requirements ...................................................33, 53 HB 62 --Elections; superintendents and registrars; training ...........................33, 53, 239,
279. 716 HB 63 --Deputy registrars; residency requirements..........................33, 53, 239, 281, 717 HB 64 --Serious injury by vehicle; criminal offense..........................................33, 53, 178,
218, 641 HB 65 --Campaign contributions; Public Service Commission.................................33, 53 HB 66 --Elections; corrections to federal law citations ....................................33, 53, 239,
281, 717
HB 67 --Child custody; pick-up from school by parent...................................34, 53, 517,
581, 1347
HB 68 --Hospital authorities; sale of projects; referendum.......................................34, 54
HB 69 --Controlled substances; amend list ............................34, 54, 706, 723, 2254, 2285

INDEX

2649

HB 70 --Medicaid Prescription Drug Bidding and Rebate Program; establish...............................................................34, 54, 712, 877, 1932, 2073
HB 71 --Dangerous drugs; steroids; distribution..............................34, 54, 607, 664, 1333 HB 72 --Voter registration cards; certain information .....................................34, 54, 239,
281, 717 HB 73 --Public officials; recall elections ......................................................................35, 54 HB 74 --Abandoned motor vehicles; removal and storage ........................................35, 54 HB 75 --Hazardous waste facility permit; requirements..................................45, 61, 940,
1316, 2002 HB 76 --Living wills; witnesses required...........................................45, 61, 147, 184, 1780 HB 77 --Merit system employee; hearing; representation.........................................45, 61 HB 78 --Sales tax; exempt food.....................................................................................45, 61 HB 79 --Local governments; election from single-member district .........................45, 61 HB 80 --Investments of state funds in South African institutions.........................46, 61,
540, 636, 931, 1032, 1565 HB 81 --Death penalty; persons under 18 years; prohibition ...................................46, 61 HB 82 --Investments of retirement funds in South African
institutions................................................................................................46, 61 HB 83 --Merit system employee; sick leave; prohibit refusal...................................46, 61 HB 84 --Sales tax; exempt food, residential phone and
electrical service.......................................................................................46, 61 HB 85 --County boards of commissioners; single member districts ........................47, 61 HB 86 --Counties and municipalities; fair rent commissions .........................47, 61, 1158 HB 87 --Retail facilities; public restrooms...................................................................47, 61 HB 88 --Candidates; election or nomination by plurality .........................................47, 61 HB 89 --Death penalty; televise proceedings...............................................................47, 61 HB 90 --Retirement and Pensions; Code revisions.....................................47, 61, 76, 103,
717, 1304 HB 91 --Elections; Code revisions..........................................................48, 61, 76, 103, 390 HB 92 --Foreclosure fraud; change Code reference.............................48, 61, 76, 103, 521 HB 93 --Official Code of Georgia; revisions..........................................48, 61, 76, 104, 293 HB 94 --Prisoners; probated or revoked sentence;
alternative service...............................................48, 61, 247, 317, 2005, 2093 HB 95 --Children under 14 years; prohibit transporting
in pickups.........................................................................48, 61, 387, 541, 564 HB 96 --Jurors and court bailiffs; compensation..............................48, 61, 147, 189, 641,
931, 947, 1304, 1351, 2260, 2324 HB 97 --Distilled spirits; retail dealers; residence requirement...............................49, 61 HB 98 --Supplemental appropriations; medical assistance................................49, 61, 99,
102, 269 HB 99 --Motor vehicle insurance; cancellation notice to Public
Safety; restricted driving permit................................49, 61, 100, 153, 1039 HB 100 --License plates; disabled veterans; design.....................................49, 61, 100, 151 HB 101 --License plates; tag agents; surety bond................................49, 61, 198, 217, 641 HB 102 --Counties; permit solid waste disposal sites.........................................49, 61, 635,
1016, 1907 HB 103 --State government; women and minorities; participation
in contracts...............................................................................................50, 61 HB 104 --State employees; working test period; application
to transfer ............................................................50, 61, 608, 660, 1469, 1517 HB 105 --Attorneys; trust accounts of client's funds; proceeds..........................50, 61, 76,
184, 1910, 1936, 2009, 2098 HB 106 --Civil procedure; alternate jurors; service .............................50, 61, 240, 303, 827
HB 107 --Executive Probate Judges Council; election..........................50, 61, 99, 154, 827
HB 108 --Magistrates; official bond; recording ......................................50, 61, 76, 104, 690 HB 109 --Teachers Retirement; creditable service; visiting scholar ..........................51, 61
HB 110 --Aviation Hall of Fame; create................................................51, 61, 177, 248, 690

2650

INDEX

HB 111 --Juveniles; transfer to youth development center .................................51, 61, 99,
155, 561 HB 112 --Maps and plats; recordation and filing...............................................51, 61, 1032 HB 113 --Municipalities; officers' terms; General Assembly
authorization....................................................................51, 61, 239, 306, 691 HB 114 --Child welfare agencies and certain day-care centers;
licensing............................................................51, 61, 1031, 1149, 2266, 2291 HB 115 --Peace Officers' Annuity and Benefit Fund; benefit
changes if spouse dies .............................................................................52, 61 HB 116 --Employees' Retirement; benefit changes if spouse dies .............................52, 61 HB 117 --Clark Atlanta University; special license plates ..........................................52, 61 HB 118 --Appropriations; amend FY 1988-89.........................52, 61, 290, 395, 1056, 1057,
1106, 1106, 1107, 1202, 1277 HB 119 --Teachers Retirement; average computation ......................56, 75, 147, 187, 1039 HB 120 --Public School Employees' Retirement; forty years service.......................56, 75,
147, 187, 1333 HB 121 --Teachers Retirement; pregnancy leave; creditable service........................57, 75,
147, 188, 1039 HB 122 --Lobbying; certain state employees; prohibitions .........................................57, 75 HB 123 --Tax sales; foreclosure notice of right to redeem ................................57, 75, 898,
1019, 2005, 2103 HB 124 --Mortgages; recording; address requirement............................57, 75, 1157, 1319,
1338, 2002 HB 125 --Georgia Peace Officer Standards and Training Council;
provisions .......................................................................57, 75, 263, 494, 1039 HB 126 --Motor vehicle registration; temporary grace period....................................57, 75 HB 127 --Juror summonses; time limit for notification...............................................58, 75 HB 128 --School-crossing guards; traffic regulation............................................58, 75, 939,
1496, 2003 HB 129 --Park facilities; reduced fees for disabled veterans...............................58, 75, 82,
197, 218, 2133, 2226 HB 130 --Commercial driver's license; provide..........................58, 75, 262, 357, 947, 1049 HB 131 --License plates; amend requirements....................................58, 75, 100, 152, 521,
701, 828 HB 132 --Appeal bonds; grant for certain conviction..........................................58, 75, 197 HB 133 --Income tax exemption; certain widows and widowers;
elderly........................................................................................................59, 76 HB 134 --Commercial fishing; limit number of fish baskets;
certain lakes...................................................................59, 76, 386, 547, 1334 HB 135 --Sanitarians and environmental health specialists;
regulation ..................................................................................................59, 76 HB 136 --Elevators; certain buildings; exemption........................................................59, 76 HB 137 --Evidence; DNA profile; requirement.............................................................59, 76 HB 138 --Oglethorpe County; board of commissioners;
chairman's compensation...............................................59, 76, 100, 100, 293 HB 139 --Child support; enforcement; amend provisions..........................60, 76, 898, 999,
2007, 2043, 2138, 2152, 2213, 2497, 2514 HB 140 --Hospital authorities; open meetings; certain exemptions..........................60, 76,
707, 811, 1334 HB 141 --Superior courts; judges' secretaries; salary ................................60, 76, 529, 1525 HB 142 --Firemen's Pension Fund; exemption from certain
requirement......................................................................60, 76, 147, 277, 717
HB 143 --Firemen's Pension Fund; disability benefits.......................60, 76, 147, 277, 717
HB 144 --Motor fuel tax; rate..........................................................................................71, 99
HB 145 --General Appropriations; FY 1989-90.............................71, 99, 1266, 1392, 1666, 1689, 1732, 1733, 1755, 2381, 2515
HB 146 --Driver's license; revocation for certain offenses;

INDEX

2651

points..............................................................................71, 99, 198, 252, 1039 HB 147 --Estates; temporary administrator for deceased person ..............................71, 99 HB 148 --Landfill operators; certification......................................................................71, 99 HB 149 --Schools; compulsory attendance; age for enrollment ..................................72, 99 HB 150 --Special sales tax; amend provisions relating to repeal ...............................72, 99 HB 151 --Seed Capital Fund; create......................................................72, 99, 215, 353, 691 HB 152 --Driver education course; remove from list for
enrollment counts ....................................................................................72, 99 HB 153 --Property furnished by regional water or sewer authority;
sales tax exemption .................................................................................72, 99 HB 154 --Buildings; minimum standard codes; amend provisions ...................72, 99, 177,
220, 2007, 2063 HB 155 --Petroleum products; underground storage; amend
provisions .......................................................................73, 99, 333, 503, 1334 HB 156 --Employees' Retirement; credit for service in certain
local system...............................................................................................73, 99 HB 157 --Estates; decedent's residence and court jurisdiction.........................73, 99, 147,
190, 828, 929 HB 158 --Sales tax exemption; certain property of Boy Scouts
or Girl Scouts ...........................................................................................73, 99 HB 159 --University system; charitable organizations;
payroll deductions...........................................................73, 99, 215, 244, 641 HB 160 --Student incentive grants; maximum awards .......................74, 99, 215, 245, 641 HB 161 --Georgia Student Finance Commission; board of
commissioners; compensation .......................................74, 99, 387, 525, 945 HB 162 --Public Service Commission; rate schedules for certain
telephone areas; prohibitions .................................................................74, 99 HB 163 --Metro APDC; budgeting provisions......................................74, 99, 291, 484, 827 HB 164 --Taxation; marijuana and controlled substances ..........................................74, 99 HB 165 --Lobbying; state agencies; registration ...........................................................75, 99 HB 166 --Teachers and School bus drivers; abuses; students;
electronic devices ............................................75, 99, 1030, 1289, 2007, 2076 HB 167 --State employees; interdepartmental transfer; test
period.................................................................................................81, 99, 311 HB 168 --Alcoholic Beverages; licensing; distance requirements ...............................81, 99 HB 169 --Alcoholic Beverages; application for retail license
notification...........................................................81, 99, 557, 624, 1336, 1606 HB 170 --Radon Licensing Board; create.......................................................................81, 99 HB 171 --Health insurance; service by certified personnel;
reimbursement........................................................................................83, 146 HB 172 --Sales tax; sales of aircraft, vehicles and vessels;
imposition................................................................................................83, 146 HB 173 --Death Penalty; offense of murder during apprehension ..........................84, 146 HB 174 --Acworth; new charter............................................................84, 146, 178, 179, 347 HB 175 --Insurance agents; licensing; grounds for revocation.........................84, 146, 240,
352, 1467 HB 176 --Group life insurance; multiple employer welfare
arrangements...............................................................84, 146, 240, 278, 1373 HB 177 --Motor vehicle insurance; definition of insured..........................................84, 146 HB 178 --Insurance; furnish annual report to General Assembly...........................84, 146,
240, 305, 2150, 2232, 2303, 2332, 2511 HB 179 --Teachers Retirement; accumulated sick leave; limitation........................85, 146
HB 180 --Trials; defendant furnish list of witnesses to
District Attorney....................................................................................85, 146
HB 181 --Insurance; broker use reliable information about
certain insurers............................................................85, 146, 240, 278, 1334
HB 182 --Insurers; loss reserve report; filing requirements.............................85, 146, 706,

2652

INDEX

909, 1910, 2111 HB 183 --Insurance; direct response advertising; unfair
practices........................................................................85, 146, 240, 493, 1039 HB 184 --Water Supply Protection Act; enact............................................................85, 146 HB 185 --Driver's license; suspension; certain plea and
payment of fine .....................................................................86, 146, 387, 534 HB 186 --Public School Employees Retirement System; bus drivers .....................86, 146 HB 187 --Bail; forfeiture of bonds or recognizances.................................86, 146, 713, 879,
1910, 1981 HB 188 --Peace Officer Standards and Training; certificate; prohibit
denial after certain pardon...................................................................86, 146 HB 189 --Handgun Roster Board; create.....................................................................86, 146 HB 190 --Firearms dealer; information required of purchaser.................................86, 146 HB 191 --Superior court judges; pay-level for re-employed
secretaries.......................................................................87, 146, 240, 298, 827 HB 192 --State court judge; residence requirements................................87, 146, 240, 297,
350, 497 HB 193 --Going out of business sales; amend definition................................87, 146, 1031,
1135, 2212, 2230 HB 194 --Business license; marriage and family therapist; exempt........................87, 146,
1033, 1126, 2003 HB 195 --Food; misleading advertisements; change provisions.......................87, 146, 607,
1283, 1908 HB 196 --Marriage license; fees for family violence shelters....................................87, 146 HB 197 --Teachers Retirement; years of service regardless of age ..........................88, 146 HB 198 --Legislative Retirement; allowance; amend provisions...............................88, 146 HB 199 --Chatham County State Court; fees.....................................88, 146, 178, 179, 347 HB 200 --Dental hygienists; licensing requirements...................................................88, 146 HB 201 --Insurance; unfair practices; aftermarket crash parts...............................88, 146,
706, 808, 1374, 1508 HB 202 --Game and Fish Code; amend provisions..........................88, 146, 290, 505, 1334 HB 203 --Health insurance; termination of policy; notify .............................89, 146, 1031,
1147, 2003 HB 204 --Pest Control; applications; post certain signs ...........................89, 146, 712, 925 HB 205 --Insurers; examination requirements ...................................89, 146, 240, 296, 945 HB 206 --Life Insurance; provision for long term care rider...........................89, 146, 240,
309, 1373 HB 207 --Health insurance; grace period; allowance.......................89, 146, 516, 623, 2184 HB 208 --Motor vehicles; reflective materials on windows..............................90, 146, 198,
276, 1039 HB 209 --Pharmacy; dispensing drugs; amend provisions.......................90, 146, 515, 578,
1661, 2015, 2124, 2126, 2215, 2375, 2515 HB 210 --Property; title transfers; registration................................90, 146, 147, 217, 2319 HB 211 --Burial place; damage to property; penalty .................................................90, 146 HB 212 --Property; removal of vehicles improperly parked .....................................90, 146 HB 213 --Intangible tax; personal property; exemption; referendum......................91, 146 HB 214 --Labor, Department of; supplemental appropriation......................91, 146, 1030,
1293, 1780 HB 215 --State-wide planning and development; facilitate.............................91, 146, 291,
724, 1783, 1842, 1913, 1938, 1964, 2334, 2515 HB 216 --Insurance; provide claimant certain information.............................91, 146, 214,
299, 1908 HB 217 --Fire departments; emergency powers ...............................91, 146, 263, 311, 1040
HB 218 --Witnesses; competency of child; amend provisions..................................91, 146,
898, 1194 HB 219 --Carroll County; Board of commissioners; create......................92, 146, 334, 334,
1041, 1190

INDEX

2653

HB 220 --Joint county and municipal sales tax; special districts; proceeds .......................................................92, 146, 707, 804, 1373
HB 221 --State Board of Education; public hearings.......................92, 146, 386, 527, 565, 645, 1373
HB 222 --Juvenile court; designate referee as juvenile magistrate ..........................92, 146 HB 223 --World Congress Center; revenue bonds.......................93, 146, 1033, 1308, 2319 HB 224 --Death penalty; murder as part of ceremony or ritual...............................93, 146 HB 225 --Ad valorem tax; rehabilitated historic property;
assessment .........................93, 146, 550, 591, 1469, 1518, 1549, 1641, 1732, 2126, 2191
HB 226 --Register of Historic Places; establish.........................................93, 146, 550, 596, 617, 1467
HB 227 --Voter registration; driver's license examiners............................................94, 146 HB 228 --Special county sales tax; change termination date....................................94, 146 HB 229 --Rape cases; inadmissibility of certain evidence;
exceptions ..........................................................94, 146, 557, 648, 1375, 1514 HB 230 --District attorneys emeritus; minimum salary.............................................94, 146 HB 231 --Day Camps; regulation...................................................................................94, 146 HB 232 --Income tax; advance tuition payments; deductions..................................94, 146 HB 233 --Cigarettes; increase tax..................................................................................95, 146 HB 234 --Elections; challenge qualifications of candidates .............................95, 146, 515,
584, 945 HB 235 --Insurance; review of policy changes.............................................................95, 146 HB 236 --Smyrna; homestead exemption; elderly .............................95, 146, 178, 179, 347 HB 237 --Smyrna; homestead exemption; disabled...........................95, 146, 178, 180, 347 HB 238 --Peace Officer Standards and Training; definition of
peace officer.................................................................95, 146, 516, 588, 1274 HB 239 --Candidates; qualifying lists; prohibitions ..........................................95, 146, 822,
1142, 2319 HB 240 --Income tax; job tax credit; certain counties......................................96, 146, 608,
650, 1334 HB 241 --Income tax; child care credit........................................................................96, 146 HB 242 --Voter registration; driver's license examiners..................................96, 146, 1257 HB 243 --Alimony and child support; salary deductions...........................................96, 146 HB 244 --Education Trust; create.................................................................................96, 146 HB 245 --Corporations; shareholder requirements ............................96, 146, 197, 249, 561 HB 246 --Municipalities; certain traffic fines; payment............................................97, 146 HB 247 --Redevelopment powers; taxable value; definition ..........................97, 146, 1033,
1141, 1661 HB 248 --Local governments; indebtedness; file annual report...............................97, 146,
707, 1279, 1908 HB 249 --Mental health; electric shock devices; prohibitions ..................................97, 146 HB 250 --Health insurance; insolvency pool; membership......................................138, 176 HB 251 --District Attorneys; definition.................................................138, 176, 1327, 1590 HB 252 --Contracts; trade secrets; determination........................139, 176, 386, 645, 1321,
1380, 1911, 2071 HB 253 --Supplemental appropriations; FY ending 1990........................................139, 176 HB 254 --Elections; blind persons; oath requirements...................................139, 176, 515,
570, 905 HB 255 --Motor vehicle insurance; cancellation notice;
certain fines..........................................................................................139, 176 HB 256 --Georgia Transfers to Minors Act; enact....................................................139, 176
HB 257 --Guardianship; creation or termination, filing
requirements..............................................................!39, 176, 516, 616, 1468
HB 258 --Executors; certain aliens; requirements .........................140, 176, 516, 616, 1780
HB 259 --Probate courts; trustees' appointment or resignation;
jurisdiction.................................................................140, 176, 516, 616, 1373

2654

INDEX

HB 260 --Witness fees; law enforcement personnel..................................................!40, 176 HB 261 --Handicapped parking; businesses; additional spaces.............................140, 176,
386. 546, 2319 HB 262 --Joint Municipal Employees Benefit System; certain
credit unions.........................................................................................140, 176 HB 263 --Natural Resources Department; marinas; certain
provisions...................................................................140, 176, 685, 814, 1780 HB 264 --Wildlife; feeding certain animals; prohibit .............................141, 177, 197, 282,
859, 1506, 2381, 2427, 2467 HB 265 --Aircraft; operation while under the influence;
prohibitions......................................................!41, 177, 333, 500, 1336, 1513 HB 266 --Ad valorem tax; exempt certain veterans organizations;
referendum............................................................................................!41, 177 HB 267 --Special county sales tax; amend or repeal provisions.............................141, 177 HB 268 --Superior Court Judges; bailable offenses; controlled
substances....................................................................141, 177, 262, 315, 350 HB 269 --Contracts; letters of credit for public works...........................!41, 177, 517, 622,
1469, 1522, 1549, 1640, 1674, 2272, 2324 HB 270 --Town of Martin; election of mayor...................................!42, 177, 241, 241, 560 HB 271 --Special hazards; occupant load of churches....................................142, 177,247,
310, 827 HB 272 --Coastal Marshlands; construction of marinas; leasing
requirements................................................!42, 177, 1322, 1477, 2212, 2228 HB 273 --Teachers Retirement; pregnancy leave; credit.........................................142, 177 HB 274 --Workers' Compensation; appeal procedures...........................!42, 177, 676, 695,
2214, 2511 HB 275 --City of Sandy Springs; new charter; incorporate.....................................142, 177 HB 276 --Supplemental Appropriations; FY ending 1989.......................................143, 177 HB 277 --Real estate; housing surcharge to transfer tax.........................................!43, 177 HB 278 --Municipalities; boundaries; certain exceptions................................143, 177, 853 HB 279 --Health insurance plans; sovereign immunity;
limited waiver...............................................................................!43, 177, 557 HB 280 --Motorcycles; headsets and headphones; authorization..........................143, 177,
387. 529, 1040 HB 281 --Putnam County; coroner's compensation ........................143, 177, 214, 215, 347 HB 282 --Death penalty or life imprisonment; judge's discretion..........................144, 177 HB 283 --Bleckley County; tax commissioner; compensation .......................144, 177, 214,
215, 347 HB 284 --Joint Management Committee of Employees and Teachers
Retirement System; create.................................................!44, 177, 686, 831 HB 285 --Game fish; definition....................................!44, 177, 290, 495, 1041, 1053, 1188 HB 286 --Campaign contributions; Insurance Commissioner;
prohibitions ..........................................................................167, 213, 241, 274 HB 287 --Gwinnett County; board of commissioners; create..................................145, 177 HB 288 --County surveyor; appointment..........................................145, 177, 291, 356, 827 HB 289 --Gwinnett County; board of commissioners; contributions.....................145, 177 HB 290 --Gwinnett County; elected county surveyor; abolish ......................145, 177, 558,
558, 1907 HB 291 --State employees; working test period; management review..................145, 177,
608, 662, 1040 HB 292 --Fair employment practices; status reports; requirements.....................146, 177,
246, 301, 1040
HB 293 --Sales tax; certain industrial materials; exemption ..................................167, 213
HB 294 --Comer, City of; change provisions of incorporation.......................168, 213, 263,
263. 519
HB 295 --Lowndes County; Board of Education; elections............................!68, 213, 263,
264. 519

INDEX

2655

HB 296 --Nursing homes; employee records check; licensing.................................168, 213 HB 297 --Lowndes County; vehicles; designated registration........................168, 213, 241,
241. 519 HB 298 --Southern Judicial Circuit; add judge ................................................168, 213, 852 HB 299 --Rape; victim's testimony; abolish certain requirements........................168, 213,
334, 496, 522 HB 300 --Hospitals; dialysis machines; certificate of need
exemptions............................................................................................169, 213 HB 301 --Special license plates; colleges and universities;
firefighters...............................................169, 213, 262, 312, 905, 1010, 1120 HB 302 --Employees' Retirement; domestic relations orders;
requirements.........................................................................................169, 214 HB 303 --Atlanta, City of; Municipal Court; revise charges..........................!69, 214, 636,
636, 1119 HB 304 --McDuffie County; board of commissioners; compensation...................169, 214,
241, 242, 520
HB 305 --McDuffie County; coroner; annual salary........................!69, 214, 241, 242, 520 HB 306 --Eastern Judicial Circuit; add judge..............................170, 214, 852, 1570, 2003 HB 307 --Habersham County; State Court judge; secretary..........................170, 214, 241,
242. 560 HB 308 --State patrol; automobile racing events; services..............................!70, 214, 263 HB 309 --Public contracts; certain bond requirements; amend
provisions ...................................................................170, 214, 333, 549, 1335 HB 310 --Witnesses; competency and credibility .....................................................170, 214 HB 311 --Health insurance; direct payment to provider.........................................170, 214 HB 312 --Ad valorem tax; property assessed on its existing use ...........................171, 214 HB 313 --Fire extinguishers; regulations....................................................................171, 214 HB 314 --Motor vehicle service agreements; regulation...............................171, 214, 1031,
1297, 2320 HB 315 --Credit union deposit insurance corporation; bylaws;
procedures..................................................................!?!, 214, 515, 568, 1040 HB 316 --Banking and Finance; amend Code provisions...............................171, 214, 515,
569, 945 HB 317 --County jails; room and board; reimbursement fee..................................172, 214 HB 318 --Employees' Retirement; certain military service;
credit......................................................................................................!72, 214 HB 319 --Workers' compensation; recovery against third party
tort-feasors .........................................................................172, 214, 898, 1290 HB 320 --Civil action; professional negligence; affidavit
requirement...........................................................................................172, 214 HB 321 --Schools; student attend where parent teaches................................172, 214, 705,
1143, 1908 HB 322 --Criminal procedure; entry of nolle prosequi;
notification.................................................................!72, 214, 246, 301, 1040 HB 323 --Housing authority overview committees; create......................................173, 214 HB 324 --Colleges; campus police; speed detection devices...........................173, 214, 707,
1481, 2003 HB 325 --Quality Basic Education; length of school year; amend
certain provisions.................................................................................173, 214 HB 326 --Catoosa County; probate and superior court;
clerical help..................................................................!73, 214, 241, 242, 520 HB 327 --Catoosa County; tax commissioner; clerical help...........................173, 214, 241,
242, 520
HB 328 --Fulton County; ad valorem tax; homestead exemption..........................173, 214
HB 329 --State patrol; close highways in emergency situations............................174, 214,
263, 314
HB 330 --Death penalty; repeal...................................................................................174, 214

2656

INDEX

HB 331 --Mentally retarded; residential care facilities; admission requirements......................................................174, 214, 515, 583
HB 332 --Torts; abusive litigation; definition.......................................l74, 214, 1361, 1382 HB 333 --Uniform Partnership Act; amend.........................174, 214, 291, 485, 1374, 1511 HB 334 --Limited partnerships and reservations of names;
amend provisions............................................!74, 214, 291, 486, 1375, 1513 HB 335 --Georgia Business Corporation Code; revise.....................................175, 214, 291,
488, 1335 HB 336 --Corporations; filing requirements ...................................175, 214, 291, 490, 1373 HB 337 --School bus drivers; employment change; transfer
unused sick leave......................................................175, 214, 705, 927, 1544 HB 338 --Motor fuel; remove exemption from sales tax .........................................175, 214 HB 339 --Probate Courts; retired judges perform marriage
ceremonies....................................................................!99, 238, 291, 492, 945 HB 340 --Real Estate Commission; maintain certain records;
licensing..................,.........................................199, 238, 712, 911, 2007, 2104 HB 341 --Health spas; certain contract provisions...............................200, 238, 712, 1129,
2124, 2238 HB 342 --Jones County; board of education; compensation..........................200, 238, 263,
264, 1333 HB 343 --State employees; interdepartmental transfers.................................200, 238, 822 HB 344 --Contractors; examination requirements; licensure.........................200, 238, 635,
803, 1335 HB 345 --Water Control; discharges of pollutants; regulations.............................200, 238,
635, 839, 1783, 1883 HB 346 --Elections; chief deputy registrars; exemption from
certain restrictions..............................................................200, 238, 515, 586 HB 347 --Emanuel County Development Authority Act; taxation
exemptions...................................................................201, 238, 263, 264, 610 HB 348 --Local governments; appraisal requirements for purchase
of property....................................................................................201, 238, 882 HB 349 --Controlled substances; sales to minors; penalty ......................................201, 238 HB 350 --Public authorities; board of directors; powers................................201, 238, 387,
523, 859 HB 351 --Elections; petitions; shall consist of certain cards..................................201, 239,
607, 655, 1275 HB 352 --Mentally retarded persons; death penalty; certain
circumstances........................................................................................201, 239 HB 353 --Paternity; payment of certain fees; amend provisions............................202, 239 HB 354 --Civil actions; pleading; written request for admission...........................202, 239,
334, 499 HB 355 --Juvenile proceedings; drug trafficking; felony .........................................202, 239 HB 356 --Criminal procedure; law office; control searches............................202, 239, 636,
1140, 1908 HB 357 --Estates; certain powers of administrator..............................202, 239, 1327, 1503 HB 358 --Administrative Procedure; rule-making duties by
Insurance Commissioner..........................................202, 239, 516, 621, 1468 HB 359 --Workers compensation; selection of physician;
authorization.........................................................................................203, 239 HB 360 --Hunting while intoxicated; criminal provisions.......................................203, 239 HB 361 --Hunting; suspension of privileges; negligence..........................................203, 239 HB 362 --LaGrange, City of; Mountville Water Authority;
terminate......................................................................203, 239, 263, 264, 638
HB 363 --Hunting at night; prohibitions ...................................................................203, 239
HB 364 --Workplace hearing conservation program; testing.........................203, 239, 635,
919, 1782, 2244 HB 365 --Sales tax; rate on certain purchases or services.......................................204, 239

INDEX

2657

HB 366 --Evidence; child's statement on sexual conduct or abuse........................204, 239 HB 367 --Workers' compensation; securities deposit or
surety bond ................................................................204, 239, 706, 832, 1335 HB 368 --Employment security; payments made during temporary
layoff ...........................................................................204, 239, 685, 844, 1373 HB 369 --Firefighter Standards and Training Council;
written examination.............................................................................204, 239 HB 370 --Local boards of education; establish sick leave pools............................204, 239,
1571, 1577, 1964 HB 371 --Tift County; board of commissioners; session date .......................205, 239, 263,
265, 610 HB 372 --Pawnbrokers; motor vehicle lease or purchase ........................................205, 239 HB 373 --Tifton; City Commission Chairman and Vice-Chairman;
terms of office..............................................................205, 239, 263, 265, 610 HB 374 --Sales tax; exemption on fuel; commercial shrimpers..............................205, 239 HB 375 --Teachers; on-the-job performance test; exemption......................205, 239, 1030,
1153, 1661, 1756, 1807, 1815, 1887, 2264, 2324 HB 376 --Port Wentworth, City of; corporate limits......................................205, 239, 263,
265, 1037 HB 377 --Street improvement bonds; interest rate.......................205, 239, 386, 545, 1040 HB 378 --Newnan, City of; mayor and council; election................................206, 239, 263,
265, 560 HB 379 --Physical Therapy, State Board; powers; definitions...............................206, 239 HB 380 --Evidence; records obtained from Public Safety
Department......................206, 239, 707, 928, 2212, 2233, 2290, 2291, 2379, 2494, 2515
HB 381 --Supplemental appropriations; increases employer contribution to state employees Health Insurance Fund ...........................................................206, 239, 262, 307, 827
HB 382 --Industrial loans; interest rate .....................................................................206, 239 HB 383 --Controlled substances; proceeds from forfeitures....................................206, 239 HB 384 --License plates; special tags; retired General Assembly
members................................................................................................207, 239 HB 385 --Employment security; full-time cafeteria workers ..................................207, 239 HB 386 --Prisoners; certain requirements; educational instruction.......................207, 239 HB 387 --Ad valorem tax; county digest; furnish copies.........................................207, 239 HB 388 --Motor vehicles; traffic enforcement; flashing lights................................207, 239 HB 389 --Deeds conveying property; address requirement.....................................207, 239 HB 390 --Human Resources Department; child welfare services
and services to courts................................208, 239, 1321, 1563, 2075, 2100, 2152, 2154, 2211, 2515, 2507
HB 391 --Counties and municipalities; personal property sales; vendor repurchase................................................................................208, 239
HB 392 --Georgia Health Insurance Pool; create......................................................208, 239 HB 393 --Insurance; payment of claim within 30 days; interest............................208, 239 HB 394 --Employees' Retirement; members transfer to Teachers
retirement..............................................................................................208, 239 HB 395 --Transportation, Department of; traffic control
devices; installation..............................................................................208, 239 HB 396 --Quality Basic Education; instructional programs;
student counts......................................................................................209, 239 HB 397 --Evidence; child's testimony on sexual conduct and abuse.....................209, 239
HB 398 --Quality Basic Education; transportation costs;
distance requirements .........................................................................209, 239
HB 399 --Alcoholic beverages; sales to minors; proper
identification............................................................209, 239, 816, 1018, 1780
HB 400 --Elections; certain registrars issue new cards...................................209, 239, 851,

2658

INDEX

1295, 2320 HB 401 --Public officials; residency requirements; counties
and municipalities.......................................................209, 239, 515, 587, 859 HB 402 --Driver's license; persons holding Class 1 permits;
certain restrictions ............................................................210, 239, 939, 1128 HB 403 --Elections; polling places; certain campaign activities;
prohibitions......................................................210, 239, 706, 813, 2137, 2247 HB 404 --Electors; proper identification for registration .......................................210, 239,
706, 843 HB 405 --Voting; certain disclosure; amend provisions..................................210, 239, 515,
588, 945 HB 406 --Ad valorem tax; property assessed on its existing use ...........................210, 239 HB 407 --County officials; filing of certain affidavits and
affirmations .....................................................210, 239, 607, 658, 1276, 1509 HB 408 --Elections; certain write-in candidates............................211, 239, 607, 659, 1275 HB 409 --Uniform rules of the road; funeral procession..............................211, 239, 1257,
1485, 2003 HB 410 --Cook County; vehicles; registration..................................211, 239, 263, 265, 520 HB 411 --Alpharetta municipal court; judge impose maximum fine.....................211, 239
636, 636, 903 HB 412 --Tallapoosa Judicial Circuit; terms..................................211, 239, 386, 524, 1335 HB 413 --Polk County; tax commissioner; compensate..................211, 239, 263, 266, 560 HB 414 --Relocation assistance; persons displaced by
federal-aid projects.............................................231, 261, 291, 491, 828, 891 HB 415 --Quality Basic Education; isolated schools grants;
continuation.................................................213, 239, 1266, 1475, 2214, 2231 HB 416 --Sales tax; increase rate; food and drugs; exemption...............................213, 239 HB 417 --Colleges and universities; student incentive grants.................................231, 261 HB 418 --Ad valorem tax; property assessed on its existing use ...........................232, 261 HB 419 --Income tax; first-time purchase of home; certain
exemptions............................................................................................232, 261 HB 420 --Aquaculture Development Commission; create..............................232, 261, 290,
355, 1041 HB 421 --Ad valorem tax; education; preparation of digests ........................232, 261, 707,
805, 1374 HB 422 --Oakwood, City of; city council; meeting and elections ..........................232, 261,
291, 292, 642, 698 HB 423 --Sales tax and second motor fuel tax; refund for diesel
fuel purchases.......................................................................................232, 261 HB 424 --Hunting; turkey gobblers; closing season..................................................233, 261 HB 425 --Crimes; destroying police horse; penalty...................................................233, 261 HB 426 --Criminal procedure; remission of bonds; notification
of hearings.............................................................................................233, 261 HB 427 --State contracts; approval by Board of Technical and
Adult Education; certain exemption......................233, 261, 705, 908, 1908 HB 428 --Technical and Adult Education; State Board;
staggered terms.............................................233, 261, 705, 1044, 2266, 2274 HB 429 --Income tax; local peace officers retirement benefits;
exemption..............................................................................................233, 261 HB 430 --Criminal Justice Coordinating Council; membership....................234, 262, 516,
623, 1275 HB 431 --Highways; length and load of vehicle; limits ..................................234, 262, 816,
831, 1374
HB 432 --Counties and municipalities; rewards in felony cases;
authorization..........................................................234, 262, 1031, 1385, 2184
HB 433 --Loans; insurance requirements; notification.............................................234, 262
HB 434 --Murray County; Board of Education; existence.............................234, 262, 291,

INDEX

2659

292, 610 HB 435 --Contractors; licensing examination; requirements...................................234, 262 HB 436 --Employees' Retirement; certain judicial membership ............................235, 262 HB 437 --Motor Vehicle Insurance; certain premium reductions.........................235, 262,
1031, 1124 HB 438 --Motor Vehicles; weight limitations; federal
specifications.........................................................................................235, 262 HB 439 --Ad valorem tax; inventory; filing for exemption .....................................235, 262 HB 440 --Local boards of education; group medical and dental
insurance....................................................................235, 262, 712, 883, 1908 HB 441 --Superior Court Judges Retirement; certain creditable
service....................................................................................................235, 262 HB 442 --Sales tax; advertising; certain transactions outside
of state...................................................................................................236, 262 HB 443 --Traffic offenses; municipal jurisdiction...................................236, 262, 607, 659,
2009, 2102 HB 444 --Judges of Probate Courts Retirement Fund; amend
provisions......................................................................................236, 262, 492 HB 445 --Murray County; chief magistrate; compensation ...........................236, 262, 291,
292, 610 HB 446 --Lawrenceville, City of; corporate limits...................................236, 262, 291, 292,
1545, 1572 HB 447 --Pari-mutuel wagering; counties; referendum............................................236, 262 HB 448 --Superior and state court clerks; investment of
certain funds.................................................................................237, 262, 816 HB 449 --Quality Basic Education; middle school grants;
adjustments............................................................237, 262, 1256, 1293, 2003 HB 450 --Intangible tax; certain property; change rate...........................................237, 262 HB 451 --Accountants; examination requirements; amend
provisions.........................................................254, 289, 635, 694, 1469, 1506 HB 452 --Teachers and public school employees; flexible
benefit plan.................................................................................238, 262, 1351 HB 453 --Taxidermy Examiners; State Board; create .............................................238, 262 HB 454 --Toccoa, City of; city commissioners; election .................................254, 289, 517,
517, 824 HB 455 --Motor Vehicle insurance; driving without proof;
penalty...........................................................................................255, 289, 939 HB 456 --Electric membership corporation; service charge for
dormant account..................................................................................255, 289 HB 457 --Financial and Investment Commission; capital appreciation
bonds; higher education..............................................................255, 289, 350 HB 458 --Teachers Retirement; certain persons; creditable
service....................................................................................................255, 289 HB 459 --Teachers Retirement; reestablish certain creditable
service....................................................................................................255, 289 HB 460 --Estates; year's support; certain property set apart.................................255, 289 HB 461 --Meriwether County; board of commissioners;
compensation...............................................................256, 289, 387, 388, 638 HB 462 --Tobacco products; regulate sales................................................................256, 289 HB 463 --Marriage license; waiting periods; amend provisions.............................256, 289,
517, 577, 1375, 1515 HB 464 --Highways; length of vehicles; requirements....................................256, 289, 549,
589, 1335
HB 465 --Municipalities; certain annexation; county approval......................256, 289, 311
HB 466 --Courts; judge release defendant on personal recognizance....................256, 289
386, 539, 2290, 2297
HB 467 --Income tax; corporations; allocation of income........................................257, 289

2660

INDEX

HB 468 --Campaign Contributions; personal use; delete certain provisions..............................................................................................257, 289
HB 469 --Family violence centers; county and municipal funds; grants .............................................257, 289, 607, 626, 694, 2152, 2154, 2325
HB 470 --Licensed Dietitions, Board of Examiners; termination date .............................................................................257, 289, 515, 584, 1909
HB 471 --Income tax; certain retirement income; exemption.................................257, 289 HB 472 --Corporate officers and employees; insurable interest ............................257, 289,
712, 837, 1780 HB 473 --Highways; certain vehicles transporting live
poultry; restrictions........................................258, 289, 549, 597, 1276, 1301 HB 474 --Sales Tax; increase rate ..............................258, 289, 668, 669, 1099, 1100, 1106,
1106, 1108, 2143, 2191 HB 475 --Joint Municipal Employees Benefit System; credit
unions......................................................................258, 289, 1032, 1127, 1781 HB 476 --Watercraft; disposition of abandoned vessels.................................259, 289, 685,
885, 1909 HB 477 --Malt beverages; excise tax...........................................................................259, 290 HB 478 --Wine, excise tax............................................................................................259, 290 HB 479 --Distilled spirits; excise tax..........................................................................259, 290 HB 480 --Cigar and cigarettes; excise tax..................................................................259, 290 HB 481 --Taxation; certain assessments; notification by mail ..............................259, 290,
550, 810, 1545, 1611 HB 482 --Income tax; amend provisions....................................................................260, 290 HB 483 --Public Revenue Code; reference date; Federal tax code .......................260, 290,
707, 810, 1335 HB 484 --Farmers' mutual fire ins companies; required assets.............................260, 290,
706, 720, 2184 HB 485 --Income tax; payments of estimated taxes; date .............................260, 290, 707,
810, 1336 HB 486 --Income tax; individual net income; extend provisions...........................260, 290,
707, 1055, 1662, 2288 HB 487 --Disposition of unclaimed property; time period.............................260, 290, 707,
886, 1375, 1641 HB 488 --Sales tax; videotape rentals; exemption.........................261, 290, 707, 907, 1374 HB 489 --Corporate tax; date returns and payments due..............................261, 290, 707,
891, 1374 HB 490 --Sales tax; amend provisions........................................................................261, 290 HB 491 --Campaign contributions; expenditures; certain
candidates.............................................................................................261, 290 HB 492 --Motor Vehicles; improperly parked cars; removal.........................261, 290, 387,
536, 1276, 1302 HB 493 --Sales tax; increase; repeal special county sales tax.................................284, 332 HB 494 --Hunting; firearm or archery tackle; prohibitions...........................285, 332, 685,
1390, 2184 HB 495 --Courts; failure to appear; warrant for arrest ..................................285, 332, 386,
545, 2320 HB 496 --Public officials; compensation ....................................................................285, 332 HB 497 --Atlanta; certain contracts; mayoral authorization..................................285, 332,
1367, 1582 HB 498 --Shellman, City of; mayor and councilmen; election.......................285, 332, 387,
388, 688
HB 499 --Prisons; emergency confinement facilities; provide .......................286, 332, 549,
569, 1256, 1282
HB 500 --Mortgage bankers and brokers; licensing..................................................286, 332
HB 501 --Motor vehicle insurance; nonresidents; certain
exemptions.....................................................286, 332, 939, 1294, 2005, 2072

INDEX

2661

HB 502 --Georgia Condominium Act; amend............................................................286, 332 HB 503 --Podiatrists; continuing education requirements.............................286, 332, 706,
1305, 2266, 2284 HB 504 --Municipalities; annexation; repeal certain provision ..............................286, 332 HB 505 --Sales tax; increase.........................................................................................287, 332 HB 506 --Special county sales tax; separate proposals............................................287, 332 HB 507 --Driving Under the Influence; seizure of vehicle;
certain violations..................................................................................287, 332 HB 508 --Homestead exemption; certain veterans; benefits for
surviving spouses..................................................................................287, 332 HB 509 --Criminal solicitation; penalty ...........................................................287, 332, 1032 HB 510 --Insurance; security deposits.........................................287, 332, 1031, 1386, 2319 HB 511 --Insurance; replacement policy; effective date .........................................288, 332,
1031, 1254 HB 512 --Brooks County; board of commissioners; compensate...................327, 385, 517,
517, 716 HB 513 --Insurers; certain annuity contracts; issuance..................................327, 385, 706,
722, 1781 HB 514 --Georgia Insurers Insolvency Pool; amend provisions.............................328, 385,
706, 920 HB 515 --Atlanta, City of; urban enterprise zones; certain
housing units....................................................................328, 385, 1536, 1537 HB 516 --State employees; certain suggestions; savings awards.............................328, 385 HB 517 --Bonds; coverage for fuel stolen at service stations..................................328, 385 HB 518 --Motor vehicles; safety and equipment inspection;
requirements.........................................................................................328, 385 HB 519 --Property owner; failure to disclose certain information;
prohibit action.................................................288, 332, 707, 721, 1545, 1607 HB 520 --Drug trafficking; minors; penalty..........................................289, 332, 1157, 1388 HB 521 --Solid Waste Planning, Recycling and Reduction Act; enact.................328, 385 HB 522 --Local legislation; advertisement; authorization...............................329, 385, 482 HB 523 --Kingsland, City of; corporate limits; change...................................329, 385, 517,
518, 824 HB 524 --Jury lists; revise .................................................................289, 333, 516, 591, 1336 HB 525 --Attorney's fee; frivolous actions; repeal certain
provisions...................................................................289, 333, 516, 616, 1468 HB 526 --Dougherty County; Joint County-Municipal Board of
Registration and Elections; membership................................289, 333, 387, 388, 638
HB 527 --State patrol; mandatory retirement; waiver.............................................329, 385 HB 528 --Bulloch County; coroner; annual salary...........................329, 385, 517, 518, 824 HB 529 --State government; use of great seal; prohibitions........................329, 385, 1351,
1501, 1602, 2320 HB 530 --Shiloh, City of; ad valorem tax; homestead exemption.........................329, 385,
517, 518, 1037 HB 531 --Gopher tortoise; official state reptile..............................329, 385, 607, 665, 1781 HB 532 --Income tax; corporations; certain tax credits...........................................330, 385 HB 533 --Materialman's lien; claim; notify property owner ...................................330, 385 HB 534 --Highways; weights and load of vehicles; permits.....................................330, 385 HB 535 --Fire sprinklers; regulations.............................................330, 385, 707, 1045, 1544 HB 536 --Augusta Ports Authority; change powers and definition ......................330, 385,
517, 518, 825
HB 537 --Alcoholic beverages; open containers while driving;
prohibitions...........................................................................................330, 385
HB 538 --Motor vehicles; reflectors on certain trailers;
requirements........................................................331, 385, 549, 590, 859, 930
HB 539 --Employees' Retirement; family and children service;

2662

INDEX

creditable service..................................................................................331, 385 HB 540 --Employment Security; include Georgia Federal and State
Snipping Point Inspection Service employees.................................331, 385 HB 541 --State patrol; certain personnel retire after 25 years
of service................................................................................................331, 385 HB 542 --Crimes; offense of disorderly conduct.......................................................331, 385 HB 543 --Paternal Rights Act; enact..........................................................................331, 385 HB 544 --Firefighters; special license plates .....................................................332, 385, 686 HB 545 --Materialman's lien; certain actions; filing
requirements..............................................................332, 385, 516, 596, 1781 HB 546 --Torts; intoxicated persons; liability for acts ...................................332, 385, 516,
597, 1336 HB 547 --Education personnel; minimum salaries ...................................................380, 514 HB 548 --Education personnel; employment contracts............................................380, 514 HB 549 --State Court of DeKalb County; create...........................381, 514, 558, 558, 1037 HB 550 --Cherokee County; officials; compensate...........................381, 514, 558, 558, 903 HB 551 --Lamar County Water and Sewer Authority; create.......................381, 514, 558,
559, 716 HB 552 --Pesticides; aerial contractor; licensing....................................381, 514, 606, 1583 HB 553 --Education personnel; development programs; stipends..........................381, 514 HB 554 --State Court of Tift County; sheriff and clerk;
compensate..................................................................^!, 514, 558, 559, 858 HB 555 --Zoning Procedures Law for Metropolitan Counties; enact....................382, 514 HB 556 --Child support; dependent child; definition.....................................382, 514, 898,
1048, 2320 HB 557 --Teachers Retirement; certain supported schools; credit ........................382, 514 HB 558 --Gainesville, City of; commissioners; election ..................................382, 514, 558,
559, 825 HB 559 --Chattahoochee Judicial Circuit; add judge .....................................382, 514, 852,
1584, 2184 HB 560 --Children and youth; services for disturbed children...............................382, 514 HB 561 --Gwinnett County; medical examiner; establish..............................383, 514, 558,
559, 1660 HB 562 --Lilburn, City of; mayor and council members; election ........................383, 514,
899, 900, 1660 HB 563 --Child support; limitation on action...........................................................383, 514 HB 564 --Teachers; resignation, termination, suspension or demotion;
notification.............................................................383, 514, 1525, 1558, 1560 HB 565 --Motor Vehicle rentals; regulate .................................................383, 514, 676, 700 HB 566 --Insurers; transfer of domicile.......................................383, 514, 1031, 1307, 2185 HB 567 --Physicians for Rural Areas Assistance Act; enact..........................332, 385, 685,
890, 1469, 2425, 2511 HB 568 --Governor's Employment and Training Council; provide.......................384, 514,
898, 1046, 2185 HB 569 --Employment Security; educational institutions;
benefits.....................................................................384, 514, 898, 1377, 2185 HB 570 --Superior court; judge serve while member of
Retirement System..............................................................................384, 514 HB 571 --Gillsville, City of; city council; election ...........................................509, 556, 608,
609, 825 HB 572 --Motor vehicle license plates; free for certain veterans ...........................509, 556 HB 573 --Atlanta, City of; certain zones; effective date...............................510, 556, 1032,
1034, 1371
HB 574 --Water and wastewater treatment plant operators;
continuing education................................................510, 556, 635, 697, 1781 HB 575 --Atlanta, City of; certain zones; criteria..........................................510, 556, 1165,
1166, 1779

INDEX

2663

HB 576 --Regional jails; probation; revocation; transfer to original county ............................................510, 556, 1107, 1379, 2008, 2079
HB 577 --Medical Assistance; drug bidding programs and rebates.......................510, 556 HB 578 --Heard County; commissioner; compensate....................510, 556, 608, 609, 1037 HB 579 --Whitfield County; Board of Education; election............................510, 556, 608,
609, 942 HB 580 --Hospitals; post certain notice in emergency rooms.................................384, 514 HB 581 --Employment Security; special cases; computation date........................511, 556,
898, 988, 1781 HB 582 --Motor vehicle license applications; bond requirements
for certain persons................................................511, 556, 1257, 1602, 2185 HB 583 --Catoosa County Water and Sewer District; change name ....................511, 556,
608, 609, 942 HB 584 --Technical and Adult Education Department; certain federal
funds; authorization.............................................................................511, 556 HB 585 --Sales tax; increase; ad valorem tax relief .........................................385, 514, 608 HB 586 --Ad valorem tax; certain property; transferor's liability..........................511, 556 HB 587 --State Library and librarian; powers and duties .............................511, 556, 898,
1044, 1909 HB 588 --Misdemeanors; certain crimes; maximum fine ..............................512, 556, 1319 HB 589 --Judgments; certain motions; appealability...............................................512, 556 HB 590 --Drivers' License; deposit in lieu of bail;
certain cases ................................................512, 556, 1361, 1483, 2133, 2139 HB 591 --Jurors; change method for composing jury lists......................................385, 514 HB 592 --School bus; change definition..............................385, 514, 898, 1360, 1910, 2111 HB 593 --Firearms; peace officers; possession; amend provisions..........................512, 556 HB 594 --Sales tax; export; certain exemption; clarification ..................................512, 556 HB 595 --Juvenile court; director of guardian ad litem;
appointment..........................................................................................512, 556 HB 596 --Employees' Retirement; family and children services;
creditable service..................................................................................513, 556 HB 597 --Hospital care for pregnant women; amend provisions .................513, 556, 1030 HB 598 --Superior court clerk; serve as juvenile court clerk..................................513, 556 HB 599 --Grand jury; upcoming appointment; notification.........................513, 556, 1113,
1357, 2291, 2333 HB 600 --Lawn sprinkler system; installation; requirements......................513, 556, 1031,
1495, 2185 HB 601 --Handicapped identification card; issuance ...........................514, 556, 939, 1055,
2008, 2057 HB 602 --Bremen, City of; mayor; term of office............................514, 556, 608, 610, 858 HB 603 --Highways; left turn only lanes; prohibitions............................................551, 606 HB 604 --Ambulance; medical technicians; number required
certain counties....................................................................................552, 606 HB 605 --Financial institutions; licensed check cashers..........................................552, 606 HB 606 --Teachers; health insurance; public schoolteachers.........................552, 606, 693,
1031, 1138, 1781 HB 607 --County boards of health; members compensation.......................552, 606, 1320,
1384, 2185 HB 608 --Public school employees; health insurance; definitions.........................552, 606,
1031, 1139, 2185 HB 609 --Jefferson County; tax commissioner; compensate..........................552, 606, 636,
637, 942
HB 610 --Jefferson County; Magistrate Court; selection ...............................553, 606, 636,
637, 942
HB 611 --State employees; payroll deductions; confidentiality.............................553, 606,
898, 1247, 2320
HB 612 --St. Marys Pilotage Commissioners; agreement

2664

INDEX

with Florida.............................................................553, 606, 853, 1051, 2320 HB 613 --State employees; health insurance; full-time person..............................553, 606,
1031, 1137, 2186 HB 614 --Consumer lease; personal property rental; prepayment.........................553, 606 HB 615 --Cordele, City of; City Commission; election ...................................553, 606, 636,
637, 903 HB 616 --Probationers; places of residence; reporting .................................554, 606, 1107,
1252, 2137, 2236 HB 617 --Insurance; county tax; proceeds..................................554, 606, 1258, 1348, 1909 HB 618 --Elections; selection of poll managers.........................................................554, 606 HB 619 --Health; nonsewered toilet systems; regulate ............................................554, 606 HB 620 --Fire departments; minimum requirements..........................554, 606, 1031, 1248 HB 621 --Lowndes County; board of commissioners; compensate ...............554, 606, 636,
637, 858 HB 622 --Teachers retirement; transfers from local system;
requirements............................................................555, 606, 899, 1021, 1468 HB 623 --Teachers Retirement; transfer from local system; refund......................555, 606 HB 624 --Fulton County School Employees' Retirement Plan
of 1990; create....................................................................555, 606, 705, 1590 HB 625 --Fulton County School Employees Pension System; board ...................555, 606,
705, 1472 HB 626 --Athletic Trainers, Board of; termination date................................555, 606, 853,
1250, 2186 HB 627 --Fiscal affairs subcommittees; duties and functions.................................555, 606 HB 628 --Post secondary vocational education; change reference to
Technical and Adult Education...........................556, 606, 898, 1192, 2302, 2328, 2468, 2481, 2506
HB 629 --Quality Basic Education; direct instructional costs; funding....................................................................556, 606, 1256, 1388, 2004
HB 630 --Dangerous Dog Control; definitions................................600, 635, 815, 992, 1909 HB 631 --Local governments; bonds; investment of proceeds...............................600, 635,
1366, 1472 HB 632 --Mopeds; limited driving permits................................................................600, 635 HB 633 --Interference with custody; define offense.................................................600, 635 HB 634 --Buying or selling of human body parts; define offense.........................600, 635,
1113, 1342, 1909 HB 635 --Counselors, Social Workers, Marriage and Family
Therapists; supervisors .............................................................601, 635, 1158 HB 636 --Income tax; credit for certain persons.......................................................601, 635 HB 637 --Tax execution; required notification........................................601, 635, 816, 910,
1911, 2072 HB 638 --Mentally retarded persons; community services; payment...................601, 635,
1321, 1355, 1910 HB 639 --Teachers Retirement; transfer by faculty of
University System................................................................................601, 635 HB 640 --Birth certificate; spontaneous fetal death ................................................601, 635 HB 641 --Workers' Compensation; subrogation rights of
injured employee........................................................................602, 635, 1589 HB 642 --Bibb County; Macon Judicial Circuit; salary supplement....................602, 635,
686, 687, 1038 HB 643 --Sheriffs' Retirement; fees from civil actions; interest............................602, 635,
852, 985, 1468 HB 644 --License plates; Tennessee National Guard; special tags........................602, 635 HB 645 --Walker County; Superior Court clerk; compensate .......................602, 635, 686,
687, 942 HB 646 --Walker County; Probate Court judge personnel;
compensate...................................................................602, 635, 686, 687, 943

INDEX

2665

HB 647 --Walker County; tax commissioner personnel; compensate ...................603, 635, 686, 688, 943
HB 648 --Handicapped persons; multifamily dwellings; access..............................603, 635 HB 649 --Cherokee County; board of commissioners; create.........................603, 635, 686,
688, 943 HB 650 --Sales tax; certain property and services; rate ..........................................556, 606 HB 651 --Drug offenses; additional penalty assessments........................................603, 635 HB 652 --Douglasville-Douglas County Water and Sewer Authority Act;
board of directors; members.........................603, 635, 686, 688, 1120, 1306 HB 653 --Real estate loans; requirements..................................................................603, 635
HB 654 --Proprietary School Act; provisions relating to State Board of Education...................................................................604, 635
HB 655 --Sales tax; certain motor vehicle sales........................................................604, 635 HB 656 --Ben Hill County; coroner; compensate.............................630, 684, 713, 714, 943 HB 657 --Education; school social workers; employment........................................630, 684 HB 658 --Greene County; chief magistrate; compensate .......................630, 684, 713, 714,
1275, 1285 HB 659 --Metropolitan Atlanta Olympic Games Authority; create......................630, 684,
822, 863, 1374 HB 660 --Georgia State Games Commission; create ................................................630, 684 HB 661 --Chiropractors; certain sales; profits............................630, 684, 1030, 1145, 1661 HB 662 --Alpharetta, City of; new charter; create....................................................631, 684 HB 663 --Driving Under the Influence; probationary driver's
license; amend provisions ...................................................................631, 684 HB 664 --Columbus, City of; councilors; commencement date.....................631, 684, 713,
714, 1119
HB 665 --Columbus, City of; Personnel Review Board; alternate members....................................................631, 684, 713, 715, 1121
HB 666 --Driver's license; delay issuance to certain minors...................................605, 635 HB 667 --Students; suspension; notify law enforcement...............................605, 635, 1266 HB 668 --Cobb County; Commission on Children and Youth;
change date to abolish..............................................631, 684, 853, 854, 1272 HB 669 --Lilburn, City of; corporate limits; change.......................................631, 684, 899,
900, 1660 HB 670 --MARTA; operating costs; use of certain interest............................605, 635, 853
918, 1333 HB 671 --Dogs and cats; euthanasia by animal shelters ...............................605, 635, 1156 HB 672 --Wholesale fish dealers; fees for nonresidents...........................................605, 635 HB 673 --Fulton County School Employees Pension System;
board membership selection...............................................................605, 635 HB 674 --Medical and dental coverage; jurisdiction of
Insurance Commissioner................................................606, 635, 1031, 1448 HB 675 --Public Service Commission; utilities pay special
fees for operating costs .......................................................................606, 635
HB 676 --Superior courts; service by senior judges; amend provisions.....................................................................................^!, 684, 852
HB 677 --Education; school social workers; employment.............................632, 684, 1030, 1505, 1556
HB 678 --Newton County; Board of Commissioners; Chairman; compensate.................................................................632, 684, 713, 715, 1465
HB 679 --Public contracts; securities; certain payment in lieu of bond.......................................632, 684, 1525, 1591, 2143, 2234, 2325
HB 680 --Thomas County; Board of Education; election ..............................632, 684, 899,
900, 1186
HB 681 --District Attorneys' Retirement; spouses' benefits...................................632, 684
HB 682 --All-terrain vehicles; regulation....................................................................632, 684
HB 683 --Ad valorem tax; certain property of hospital authority;

2666

INDEX

exemption..............................................................................................632, 684 HB 684 --Public Service Commission; utilities engaging in least cost
planning; authorization .......................................................................633, 684 HB 685 --Elbert County; Board of Commissioners; compensate..................633, 684, 713,
715, 943 HB 686 --Workers' compensation; certain pharmacy services;
requirements ....................................................................633, 684, 1257, 1356 HB 687 --Hancock County; board of commissioners; compensation ....................633, 684,
713, 715, 1276, 1288 HB 688 --Greene County; coroner's compensation..........................633, 685, 713, 715, 943 HB 689 --Pressure vessels; storage of liquid propane gas;
requirements..........................................................633, 685, 1164, 1354, 2321 HB 690 --Distilled spirits, beer and wine; excise taxes............................................678, 711 HB 691 --Cigarettes; excise taxes................................................................................678, 711 HB 692 --Agricultural facility; amend definition.........................678, 711, 851, 1196, 2321 HB 693 --Special county sales tax; separate proposals for
each project...........................................................................................678, 711 HB 694 --Motor vehicles; licensing and registration; tax
returns; date..........................................................................................678, 711 HB 695 --Employees Retirement; certain National Guard service;
credit......................................................................................................678, 711 HB 696 --Waste-water treatment plant; permit........................................................679, 711 HB 697 --Post-Secondary Education Authorization Act; additional
exemption..............................................................................................679, 711 HB 698 --Public Safety Department; reimbursement for
certain services of state patrol...........................................................679, 711 HB 699 --Motor vehicle insurance; revise code provisions......................................679, 711 HB 700 --Air contaminants; construction of certain facilities;
permit............................................................................................679, 711, 719 HB 701 --Public records; certain staff services; disclosure
requirement..................................................................................679, 711, 940 HB 702 --Physician's, Osteopaths and Orthotists; continuing
education programs..............................................680, 711, 1030, 1192, 1662 HB 703 --Hospitals; physician's application for privileges;
authorization.........................................................................................680, 711 HB 704 --Local boards of education; filling vacancies.............................................680, 711 HB 705 --Dental hygienists; continuing education requirements...........................634, 685 HB 706 --Peace Officers' Annuity and Benefit Fund; narcotics
agents; eligibility .............................................................680, 711, 1032, 1356 HB 707 --Smoking in public places; amend provisions............................................680, 711 HB 708 --Generic drugs; refill provisions...................................................................680, 711 HB 709 --Generic drugs; certain wording on prescription forms;
requirements.........................................................................................681, 711 HB 710 --Income tax; certain persons; tax credit.....................................................681, 711 HB 711 --Child abuse; testimony of certain children...............................................681, 711 HB 712 --Property; tenant set aside dispossessory default.....................................681, 711 HB 713 --Appellate court; stipulated record and transcript.........................681, 711, 1327 HB 714 --Food Sales Income Tax Credit Act of 1989; enact...................................681, 711 HB 715 --Consent for surgical and medical treatment; adult
child for parent ....................................................................................682, 711 HB 716 --Public assistance; overpayment; recovery......................................634, 685, 1258,
1354, 2004
HB 717 --Income tax; credit for certain homesteads or farms ...............................634, 685
HB 718 --Avondale Estates, City of; corporate limits ....................................682, 711, 822,
823, 1186
HB 719 --Low phosphorus laundry household detergents; retail
sales; local governments to mandate...........................682, 711, 1322, 1341,

INDEX

2667

2008, 2074, 2137, 2138, 2155, 2481, 2515 HB 720 --Telephone service; toll free dialing; certain
intracounty calls ........................................................................682, 711, 2321 HB 721 --Atlanta Judicial Circuit; add judge.........................................682, 711, 852, 1581 HB 722 --Decatur; ad valorem taxes; deferral for certain
elderly persons...........................................................682, 711, 822, 823, 1186 HB 723 --Municipalities; certain petitions to amend charters;
requirements..........................................................682, 711, 1158, 1340, 1910 HB 724 --State employees; benefits; definition of full-time...................................683, 711,
724, 1030, 1499 HB 725 --Administrative Services; certain inventory;
acquisition costs....................................................683, 711, 1107, 1359, 2004 HB 726 --Law enforcement; special and high-risk occupation ...............................683, 711 HB 727 --Teachers Retirement; certain public school personnel;
membership...........................................................................................684, 711 HB 728 --Law enforcement; special and high-risk occupation...............................684, 711 HB 729 --Glynn County; Magistrate Court; fee to benefit law
library.........................................................................708, 821, 853, 854, 1186 HB 730 --Glynn County; State Court judge; compensate..............................708, 821, 853,
855, 1186 HB 731 --Quality Basic Education; school readiness assessment;
uniform state wide................................................709, 821, 1266, 1344, 1358 HB 732 --Motor Vehicle registration; time limitation..............................................709, 821 HB 733 --Guardian; transfer jurisdiction of trust; judge's order...........................709, 821,
1157, 1196, 2009, 2277, 2325 HB 734 --Game; baited areas; erect sign.........................................684, 711, 815, 888, 2186 HB 735 --Georgia Competitive Practices Act of 1989; enact ..................................684, 711 HB 736 --Macon, City of; new mayors and council members;
take office...................................................................709, 821, 853, 856, 1272 HB 737 --Teachers Retirement; postretirement benefit
adjustment............................................................................................709, 822 HB 738 --Teachers Retirement; postretirement benefit adjustment.....................709, 822 HB 739 --Atlanta, City of; rehabilitation in commercial
enterprise zone ......................................................710, 822, 1165, 1167, 1779 HB 740 --Perry, City of; adoption of ordinances; provisions.........................817, 851, 899,
901, 1272 HB 741 --State Court of Houston County; solicitor; provisions............................817, 851,
899, 901, 1272 HB 742 --Municipal Gas Authority; location of office; amend
provisions...................................................................818, 851, 853, 950, 2004 HB 743 --Magistrate courts; jurisdiction.....................................818, 851, 1113, 1198, 2186 HB 744 --Contracts; partial restraint of trade; exceptions......................................710, 822 HB 745 --Georgia Agricultural Commodities Promotion Act; enact......................710, 822 HB 746 --Aerobic waste-water treatment plants; authorize
usage..............................................................................................818, 851, 988 HB 747 --Bulloch County; tax commissioner; compensate ............................818, 851, 899,
901, 1272 HB 748 --Baker County; board of commissioners; compensate clerk...................818, 851,
899, 901, 1186 HB 749 --Georgia Plant Food Act of 1989; enact........................818, 851, 851, 1377, 2321 HB 750 --Speed detection devices; visibility; regulations
on use ..........................................................................................819, 851, 1032
HB 751 --Nursing pools; regulation.............................................................................819, 851
HB 752 --District Attorneys' Retirement; transfer membership
to Employees' Retirement ..................................................................819, 851
HB 753 --Employees' Retirement; forfeited annual leave; creditable service..................................................................................819, 851

2668

INDEX

HB 754 --Employees' Retirement; General Assembly members; survivors' benefits................................................................................819, 851
HB 755 --Employees' Retirement; certain military service; credit......................................................................................................819, 851
HB 756 --Court Officials Retirement System; create...............................................820, 851 HB 757 --Limited-access roads; municipal consent; certain
exceptions...............................711, 822, 1108, 1200, 1662, 1816, 1888, 1984, 2032, 2262, 2324
HB 758 --State Tollway Authority; sale of notes and bonds; authorization..........................................................711, 822, 1108, 1199, 1782
HB 759 --Insurance; written notification of termination of agent..................................................................................................820, 851
HB 760 --Lee County; Sheriff; annual salary .................................820, 851, 899, 901, 1273 HB 761 --Employees' Retirement; average final compensation;
definition...............................................................................................820, 851 HB 762 --Cleaning agents; retail sales; certain prohibitions...................................820, 851 HB 763 --Oconee Utility Authority Act; disposition of property..........................820, 851,
899, 902, 1273 HB 764 --Public retirement systems; no benefits paid when
certain crimes committed.........................................................821, 851, 1782 HB 765 --License plates; certain military; red, white and
blue colors.............................................................................................821, 851 HB 766 --Teachers; assessments; amend provisions.................................................821, 851 HB 767 --Effingham County; judge and solicitor; salary ...............................821, 851, 899,
902, 1273 HB 768 --Employee health insurance; Hazardous Waste Management
Authority; benefits................................................848, 897, 1031, 1292, 2186 HB 769 --Employees' Retirement; Hazardous Waste Management
Authority; membership.......................................................................848, 897 HB 770 --Hotel-motel tax; counties and municipalities; rate .................................848, 897 HB 771 --Hospitals; head injured persons; certain exceptions...............................848, 897 HB 772 --Barnesville, City of; mayor; election...............................848, 897, 940, 941, 1186 HB 773 --Time-share; campsites; availability......................................849, 897, 1113, 1197,
2272, 2300 HB 774 --Talbot County; board of commissioners; members;
compensate.................................................................849, 897, 940, 941, 1273 HB 775 --Austell, City of; corporate limits.....................................849, 897, 940, 941, 1273 HB 776 --Ad valorem tax; interest on late payments ..............................................849, 897 HB 777 --Workers' compensation; employees' rights; prohibit
penalty...................................................................................................849, 897 HB 778 --Fulton County; homestead exemption; definition of
disability.................................................................893, 939, 1165, 1185, 2315 HB 779 --Richmond County; certain officials; compensation......................893, 939, 1619,
1620, 2180 HB 780 --Downtown Smyrna Development Authority; create ....................894, 939, 1032,
1034, 1371 HB 781 --Taylor County; board of education; compensation......................894, 939, 1032,
1034. 1371 HB 782 --Glynn County; board of commissioners; expense
allowance................................................................894, 939, 1032, 1034, 1371 HB 783 --Tattnall County; motor vehicles; staggered
registration.............................................................894, 939, 1032, 1035, 1372
HB 784 --Atlanta Judicial Circuits; add two judges.................................................894, 939
HB 785 --Motor vehicles; nonresidents; time for registration.................................894, 939
HB 786 --Doerun, City of; mayor and councilmen; election........................894, 939, 1032,
1035. 1372
HB 787 --Child abuse; reporting; confidentiality......................................................895, 939

INDEX

2669

HB 788 --Public Service Commission; gas transmission and distribution facilities; powers ..............................895, 939, 1564, 1588, 2186
HB 789 --Rome-Floyd County Commission on Children and Youth; create..................................................895, 939, 1536, 1538, 1911, 2139, 2325
HB 790 --Pelham, City of; mayor and council members; election ........................895, 939, 1113, 1114, 1465
HB 791 --Wilkes County; board of commissioners; compensation........................895, 939, 1165, 1168, 1541
HB 792 --Income tax return form; certain designation; assignment......................895, 939 HB 793 --Controlled substances; sales to minors; penalty ......................................850, 897 HB 794 --Mountain Park, City of; mayor and councilmen;
compensation.........................................................850, 897, 1113, 1116, 1465 HB 795 --Fulton County; homestead exemption; elderly;
educational purposes...........................................................................850, 897 HB 796 --Counties and municipalities; development
impact fees............................................................................................850, 897 HB 797 --Muscogee County; probate court judge; salary...............................850, 897, 940,
942, 1273 HB 798 --Physicians and Osteopaths; continuing education ..................................850, 897
HB 799 --Historical preservation; ordinances; certain exemptions .............................................................851, 897, 1158, 1193, 2004
HB 800 --District attorneys; secretaries; reimbursement of certain expenses ...................................................................................896, 939
HB 801 --Fiscal affairs subcommittee; continuing appropriations; reports....................................................................................................896, 939
HB 802 --Cobb County; board of commissioners; compensation ...........................896, 939 1032, 1036, 2315
HB 803 --Cobb County; board of commissioners; purchases.......................896, 939, 1032, 1036, 1372
HB 804 --Villa Rica, City of; mayor and councilmen; election..............................896, 939, 1113, 1116, 1465
HB 805 --Unadilla Arena and Tourism Authority; create ...........................896, 939, 1032, 1036, 1372
HB 806 --Pulaski County; deputy sheriffs; salary.......................................936, 1029, 1113, 1116, 1465
HB 807 --Wilcox County School District and board of education; election..................................................................936, 1029, 1327, 1328, 1660
HB 808 --Wilcox County; Board of Commissioners; election ....................936, 1029, 1327, 1329, 1660
HB 809 --Fulton County; board of registration and elections; duties...................................................................................................936, 1029
HB 810 --Buildings; repair or close where drug crimes are committed......................................................897, 939, 986, 1525, 1589, 2186
HB 811 --Toccoa, City of; corporate limits...............................936, 1029, 1113, 1116, 1465 HB 812 --Muscogee County; State Court; judges; compensate............................936, 1029,
1113, 1116, 1465
HB 813 --Assessment of Proposed Accident and Sickness Insurance Coverage Act; enact............................................936, 1029, 1107, 1248, 2187
HB 814 --Carroll County; emergency telephone number 911; fees.....................937, 1029, 1113, 1117, 1541
HB 815 --Barrow County Water and Sewerage Authority; members.................937, 1029, 1113, 1117, 1465
HB 816 --Rincon, Town of; mayor and councilpersons; election.........................937, 1029,
1113, 1117, 1466
HB 817 --Consent for surgical and diagnostic procedures; time .........................937, 1029, 1054, 1257, 1481, 2321
HB 818 --Income tax; advance tuition payments; deduction ................................937, 1029

2670

INDEX

HB 819 --Georgia Education Trust; create..............................................................937, 1029 HB 820 --Folkston, City of; corporate limits............................937, 1029, 1113, 1117, 1466 HB 821 --Homeland, City of; corporate limits .........................938, 1029, 1113, 1118, 1466 HB 822 --State property; certain acquisition; amend provisions ........................938, 1029,
1107, 1594, 2321 HB 823 --Lavonia, City of; mayor and councilmen; election.....................938, 1029, 1113,
1118, 1466 HB 824 --Winder-Barrow County; airport authority;
membership ...............................................938, 1029, 1113, 1118, 1469, 1523 HB 825 --Sumner, Town of; mayor and council members;
election................................................................!025, 1112, 1165, 1169, 1542 HB 826 --Turner County; board of education; vacancies;
special election ..................................................1025, 1112, 1165, 1170, 1542 HB 827 --Turner County; board of elections; provide..............................!025, 1112, 1165,
1171. 1631 HB 828 --Crawford County; library fees; collection..................................1025, 1112, 1165,
1172. 1542 HB 829 --Peach County; library fees; collection........................................l025, 1112, 1165,
1172, 1542 HB 830 --East Dublin, Town of; mayor; powers....................!025, 1112, 1165, 1173, 1542 HB 831 --Savannah-Chatham County; ad valorem tax;
certification........................................................l025, 1112, 1165, 1174, 1631 HB 832 --Poulan, City of; mayor and councilmen; election.....................!026, 1112, 1165,
1175, 1542, 2321 HB 833 --Blasting or excavating; notification; amend
provisions......................................................................!026, 1112, 1564, 1586 HB 834 --Whitfield County; coroner; compensation.................................1026, 1112, 1165,
1175, 1542 HB 835 --Jeff Davis County; board of commissioners; terms............................1026, 1112,
1165, 1176, 1542 HB 836 --Fulton County; board of elections; repeal Act
creating.................................................................938, 1029, 1536, 1538, 2187 HB 837 --Fulton County; board of elections and registration;
create.....................................................................939, 1029, 1536, 1538, 2315 HB 838 --School disciplinary hearings; open meeting
provisions............................................................................................939, 1029 HB 839 --Legal advertisements; rates.....................................,1026, 1112, 1361, 1557, 2321 HB 840 --Downtown Marietta Development Authority; membership;
election..........................................................................!026, 1112, 1165, 1166 HB 841 --Jesup, City of; corporate limits...............................1026, 1112, 1165, 1177, 1542 HB 842 --AIDS; certain persons; disclosure of confidential
information.......................................................................................1027, 1113 HB 843 --Local governments; housing projects; allocation
system.................................................................!027, 1113, 1326, 1591, 2187 HB 844 --Law enforcement; training requirements; certain
exemptions........................................................................................1027, 1113 HB 845 --Counties; annexation; zoning procedures..............................................1027, 1113 HB 846 --Boards of equalization; appeals; authorization....................................1027, 1113 HB 847 --Marietta, City of; charter provisions; amend............................!027, 1113, 1766,
1767, 2180 HB 848 --Marietta; ad valorem tax; levy; educational purposes........................1028, 1113 HB 849 --Marietta; board of education; eliminate freeholders
requirements............,...............................1028, 1113, 1580, 1767, 1769, 2181
HB 850 --School bus drivers; minimum salary.......................!028, 1113, 1525, 1605, 2187
HB 851 --Swainsboro, City of; mayor and councilmembers;
terms...................................................................1028, 1113, 1165, 1178, 1542
HB 852 --Hinesville, City of; mayor and council; filling

INDEX

2671

vacancies.............................................................!028, 1113, 1165, 1178, 1543 HB 853 --Northeast Georgia Surface and Air Transportation
Commission; create...........................................!028, 1113, 1165, 1482, 1660 HB 854 --Walker County; coroner; compensation .................1029, 1113, 1165, 1179, 1543 HB 855 --Camilla; mayor or councilman; election.....................................H09, 1163, 1267,
1268. 1631 HB 856 --Funston; mayor and council; terms ........................1109, 1163, 1267, 1268, 1631 HB 857 --Sale City; mayor and council; terms.......................H09, 1163, 1267, 1269, 1631 HB 858 --Bulloch County; state court judge and solicitor;
compensation.....................................................1110, 1163, 1267, 1269, 1631 HB 859 --Riceboro; corporate limits........................................1110, 1163, 1267, 1269, 1631 HB 860 --Pawnbrokers; property storage; fee........................................................H10, 1163 HB 861 --Muscogee County; state court solicitor and assistants;
compensation.....................................................H10, 1163, 1267, 1269, 1660 HB 862 --Labor; Public Employees Relations Commission; create ...................1110, 1163 HB 863 --Education; certain retired personnel; employment
eligibility.................................................................................1029, 1113, 1525 HB 864 --Human Resources; certain actions for damages;
notice.............................................................................!029, 1113, 1157, 1191 HB 865 --St. Marys; mayor and council; vacancies...................................1110, 1163, 1267,
1269. 1631 HB 866 --Haralson County, magistrate court; library fees ......................1110, 1163, 1267,
1270. 1631 HB 867 --Polk County; magistrate court; library fees..............................1110, 1163, 1267,
1270, 1631 HB 868 --Polk County; board of elections and registration;
create...................................................................!!!!, 1163, 1267, 1270, 1632 HB 869 --Walton County; magistrate court; library fees .........................1111, 1163, 1267,
1270. 1632 HB 870 --Danielsville, City of; mayor and councilmen; terms...........................1111, 1163,
1267, 1270, 1632 HB 871 --Colbert, City of; mayor and councilmen; terms........................!!!!, 1163, 1267,
1271. 1632 HB 872 --Ila, City of; mayor and councilmen; terms................................1111, 1163, 1267,
1271, 1632 HB 873 --Supplementary appropriations; FY ending 6/30/89............................1111, 1163 HB 874 --Newton County Water and Sewerage Authority;
membership........................................................llll, 1163, 1267, 1271, 1632 HB 875 --Morgan County Water and Sewerage Authority; create ...................1111, 1163,
1267, 1271, 2008, 2113 HB 876 --General Assembly; automatic adjournment on Fridays.....................1112, 1163,
1164, 1286 HB 877 --General Assembly; certain accommodations; expense
aUowance.................................................................................l!12, 1163, 1164 HB 878 --Post-mortem Examination; local medical examiner;
definition..................................................lll2, 1163, 1320, 1382, 1471, 1575 HB 879 --Alimony; certain cohabitation; modification ........................................1112, 1163 HB 880 --Dawson, City of; corporate limits............................H59, 1265, 1327, 1329, 1632 HB 881 --Gwinnett County; board of commissioners; composition ..................1159, 1265,
1367, 1368, 2315 HB 882 --Sasser, Town of; mayor and councilmen; election ...................1159, 1265, 1327,
1329. 1632
HB 883 --Gwinnett County Board of Registrations and Elections; appointment.......................................................l!60, 1265, 1327, 1330, 2204
HB 884 --Dawson, City of; mayor and councilmen; election ...................1160, 1265, 1327,
1330. 1632
HB 885 --State Structural Pest Control Commission;

2672

INDEX

termination ........................................................1160, 1265, 1266, 1585, 2004

HB 886 --Stone Mountain Judicial Circuit; supplement..........................H60, 1265, 1327,

HB 887 --Transportation; vehicles transporting forest

1330, 1779

products; exceptions.........................................1160, 1265, 1318, 1322, 1593

HB 888 --Bronwood, Town of; mayor and council; election....................1160, 1265, 1327,

1330. 1632

HB 889 --Atlanta Housing Authority Overview Committee;

create..................................................................................................H60, 1265

HB 890 --State Government; certain elections; secret ballot..............................1161, 1265

HB 891 --Workers' compensation; assessment for rehabilitation;

certain time........................................................H61, 1255, 1265, 1321, 1450

HB 892 --Oglethorpe County Water Authority; create.............................1161, 1265, 1327,

1331. 1632

HB 893 --Elbert County Richard B. Russell Development

Authority; create...............................................1161, 1265, 1327, 1331, 1633

HB 894 --Mentally retarded persons; community service;

amend provisions.............................................................................1161, 1265

HB 895 --Civil actions; medical malpractice; tolling of

Iimitations.....................................................................ll62, 1265, 1321, 1497

HB 896 --Augusta-Richmond County Commission-Council;

chairman-mayor; title change..........................1162, 1265, 1327, 1332, 1779

HB 897 --Chatham-Savannah Authority for the Homeless;

create...................................................................H62, 1265, 1456, 1457, 2181

HB 898 --Mortgages; cancellation of security deeds;

recording procedures........................................1162, 1265, 1321, 1497, 2187

HB 899 --Sales tax; certain aircraft labor and materials;

exemption..........................................................................................H62, 1266

HB 900 --Sales tax; aircraft; definition for exemption

purposes.............................................................................................1162, 1266

HB 901 --Cobb County-Marietta Water Authority; membership;

terms...................................................................1163, 1266, 1367, 1368, 1660

HB 902 --Madison County; board of commissioners; compensation.................1163, 1266,

1327, 1619, 1621, 1911, 1985

HB 903 --Alcovy Judicial Circuit; supplement.......................H63, 1266, 1327, 1331, 1633

HB 904 --Motor vehicle insurance; uninsured motorist;

applicability......................................................................................1163, 1266

HB 905 --Middle Georgia Coliseum Authority; bond issuance..........................1259, 1326,

1367, 1369, 1660

HB 906 --Macon Judicial Circuit; district attorney;

supplements.......................................................1259, 1326, 1367, 1369, 1661

HB 907 --Paulding County; magistrate court; library fees.......................!260, 1326, 1367,

1370, 1661

HB 908 --Municipal Courts; violations; maximum period of

confinement......................................................................................1260, 1326

HB 909 --Warrenton, City of; mayor, mayor pro tern and

councilmembers ...........................................................1260, 1326, 1367, 1370

HB 910 --Warren County; deputy sheriffs; appointment...................................1260, 1326,

1367, 1370

HB 911 --Fulton County; superintendent of schools; election............................1260, 1326

HB 912 --Limousine services; regulation by Public Service

Commission.......................................................................................1260, 1326

HB 913 --Lake Park, City of; mayor and councilmen; election.........................!260, 1326,

1367, 1370, 1661

HB 914 --Brantley County; board of education; compensate..................1261, 1326, 1367,

1370, 1661

HB 915 --Local governments; single-family residences; housing

INDEX

2673

disabled persons...............................................................................1261, 1326 HB 916 --Driver's License; suspension; defensive driving
course; requirement.....................................................!261, 1326, 1526, 1580 HB 917 --Teachers, transfer employment; Central State Hospital;
salary adjustment.............................................................................1261, 1326 HB 918 --Bartow County; emergency telephone number 911; fees...................!261, 1326,
1456, 1458, 2315 HB 919 --Bartow County; board of elections; provide..............................!261, 1326, 1456,
1459, 1783, 1885 HB 920 --Cyclorama; school children not paying admission fee;
repeal provision................................................................................1262, 1326 HB 921 --Cartersville, City of; mayor, councilmen, school
board members; terms......................,...............1262, 1326, 1456, 1459, 1907 HB 922 --Cherokee Judicial Circuit; add judge.........................................1262, 1326, 1361,
1582, 2004 HB 923 --Warehousemen; leaf tobacco sales; repeal certain
provisions..........................................................................................1262, 1326 HB 924 --Bartow County; tax commissioner; compensation....................!262, 1326, 1893,
1897. 2316 HB 925 --Bartow County; commissioner; compensation ..........................1262, 1326, 1893,
1898. 2316 HB 926 --Atlanta; traffic court; judge's salary..................................l262, 1326, 1536, 1539 HB 927 --Bartow County; certain officials; compensation.......................1263, 1326, 1893,
1898, 2316 HB 928 --Bartow County; chief magistrate; compensation......................1263, 1326, 1893,
1900, 2316 HB 929 --Cartersville, City of; homestead exemption; elderly
and disabled.......................................................l263, 1326, 1456, 1464, 1779 HB 930 --Ad valorem tax; value and millage rates by local
taxofficials........................................................................................l263, 1326 HB 931 --Hazardous Materials Safety Act; enact.................................................!263, 1326 HB 932 --Atlanta; housing authority commissioners; voting
members.............................................................1263, 1326, 1536, 1539, 2322 HB 933 --Air Quality Control Act; requirements for permits.............................1264, 1326 HB 934 --Young Harris, City of; corporate limits ................................................1264, 1326 HB 935 --Judicial sales; prepayment costs; requirements...................................1264, 1326 HB 936 --Income tax; military pay and certain civilian
employees; exemption......................................................................!264, 1326 HB 937 --Magistrates Retirement System; create ................................................1264, 1326 HB 938 --Children and Youth; family day-care home;
definition...........................................................................................1264, 1326 HB 939 --Income tax; timber sales; certain exemption........................................1323, 1366 HB 940 --Income tax; timber sales; credit.............................................................1323, 1366 HB 941 --Annexation; certain counties; applicability...........................................1324, 1366 HB 942 --Augusta Canal Authority; create.............................1324, 1366, 1456, 1460, 1779 HB 943 --Commercial Code; motor vehicle sales; certain
collateral............................................................................................l324, 1366 HB 944 --Bulloch County; certain officials compensation .......................1324, 1366, 1456,
1461. 1779
HB 945 --Cobb County; probate court, judge and clerk; compensation.....................................................1324, 1366, 1456, 1462, 1907
HB 946 --Child custody; amend proceedings.........................................................!325, 1366
HB 947 --Radiation control; regulation by Human Resources
Department.......................................................................................l325, 1366
HB 948 --Blakely, City of; election; change date.......................................!325, 1366, 1456, 1462. 1779
HB 949 --Environmental Policy Act; enact................,...........................................1325, 1366

2674

INDEX

HB 950 --Homerville, City of; election; change date.................................!325, 1366, 1456,
1463, 1780 HB 951 --Local boards of education; vary length of school
year; repeal certain provisions.......................................................1363, 1456 HB 952 --Tanning facilities; registration................................................................!363, 1456 HB 953 --Dental hygienists; Iicensure.....................................................................l364, 1456 HB 954 --Education; state-wide uniform annual evaluation;
date................................................................................!364, 1456, 1535, 1578 HB 955 --Georgia Health Insurance Trust Fund; create.....................................1364, 1456 HB 956 --Hinesville, City of; council members and mayor;
election................................................................l364, 1456, 1536, 1539, 1907 HB 957 --Butts County; tax commissioner; salary supplement.........................1364, 1456,
1536, 1539, 1907 HB 958 --Georgia Children and Youth Overview Committee;
create..................................................................................................!365, 1456 HB 959 --Athens-Clarke County Anti-Drug Commission; create......................1365, 1456,
1536. 1540, 2008, 2052 HB 960 --Toombs County; board of commissioners; compensation..................1365, 1456,
1536, 1540, 1907 HB 961 --Albany, City of; mayor and commissioners; terms...................1365, 1456, 1536,
1540, 1911, 1972 HB 962 --Annexation; certain counties; applicability...............................1365, 1456, 1536,
1537. 1565, 1565, 2187 HB 963 --Albany, City of; mayor and commissioners; election..........................1365, 1456 HB 964 --Teachers Retirement; re-establishment of creditable
service................................................................................................1365, 1456 HB 965 --Webster County; board of commissioners; create ....................1452, 1535, 1619,
1622, 2010, 2121 HB 966 --Auburn, City of; new charter ...................................1452, 1535, 1619, 1626, 2000 HB 967 --Manchester, City of; mayor and councilmembers;
election.........................................................,......1452, 1535, 1619, 1626, 2000 HB 968 --Monroe Water, Light and Gas Commission; membership................1453, 1535,
1619, 1627, 2000 HB 969 --Muscogee County; coroner's compensation...............................1453, 1535, 1619,
1627, 2001 HB 970 --Cobb County; sheriff and personnel; compensation...........................1453, 1535,
1619, 1627, 2001 HB 971 --Cobb County; tax commissioner and personnel;
compensation.....................................................1453, 1535, 1619, 1627, 2001 HB 972 --Sparks, Town of; new charter .......................1453, 1535, 1619, 1628, 2008, 2059 HB 973 --Colquitt County; emergency telephone number 911;
fees......................................................................1453, 1535, 1619, 1628, 2001 HB 974 --County boards of health; treatment of certain
patients; standards........................................................................... 1454, 1535 HB 975 --Schools; use of tobacco on premises; prohibitions...............................1454, 1535 HB 976 --Clayton County; redevelopment powers.................!454, 1535, 1619, 1628, 2001 HB 977 --Cobb Judicial Circuit; district attorney; staff;
compensation.....................................................1454, 1535, 1619, 1628, 2001 HB 978 --Credit cards; fees for cash advances......................................................!454, 1535 HB 979 --Henry County; certain officials; compensation.........................1454, 1535, 1619,
1629, 2001
HB 980 --Henry County; board of commissioners; chairman's election................................................................!455, 1535, 1619, 1629, 2001
HB 981 --Athens, City of; redevelopment powers.....................................1455, 1535, 1619,
1629, 2002
HB 982 --Cobb Judicial Circuit; judges' supplement................................!455, 1535, 1619,
1629, 2002

INDEX

2675

HB 983 --Cobb County; superior court; clerk and deputy clerk; salary...................................................................!455, 1535, 1619, 1630, 2002
HB 984 --Rincon, Town of; homestead exemption; elderly .....................1455, 1535, 1619, 1619, 2002
HB 985 --Cobb County; certain department heads; county manager remove from office......................................................1455, 1535, 1619, 1630
HB 986 --Special county one percent sales tax; use of proceeds........................1528, 1618 HB 987 --Hunting deer at night from boat or vehicle; amend
provisions ..........................................................................................1528, 1618 HB 988 --Solid waste; disposal; residential areas; distance
requirements.....................................................................................!528, 1618 HB 989 --Workers compensation; definitions; directors emeritus;
appointment......................................................................................!528, 1618 HB 990 --Cobb County; juvenile court; judge's compensation ..........................1528, 1618,
1651, 1653, 2005, 2031 HB 991 --Lowndes County Enhanced 911 Service District Act;
enact.........................................................1529, 1618, 1663, 1766, 1770, 2181 HB 992 --Forsyth County; chief magistrate; separate office..............................l529, 1618,
1651, 1654, 2181 HB 993 --Fitzgerald, City of; mayor; election and terms...................................-1529, 1618,
1651, 1654, 2316 HB 994 --Unadilla, City of; corporate limits..........................1529, 1618, 1651, 1654, 2316 HB 995 --Peach County; probate court; possession of marijuana;
jurisdiction.........................................................1529, 1618, 1766, 1770, 2181 HB 996 --Byron, City of; clerk, treasurer and marshal;
selection..............................................................!529, 1618, 1766, 1770, 2181 HB 997 --Clarke County; probate court; chief clerk's salary .............................1529, 1618,
1651, 1654, 2181 HB 998 --Kennesaw, City of; corporate limits .......................1530, 1618, 1651, 1655, 2181 HB 999 --Health care; attorney in fact to make certain
decisions............................................................................................1530, 1618 HB 1000 --Hall County; board of commissioners; election........................1530, 1618, 1651,
1655, 2181 HB 1001 --Cobb County Hospital Authority; filling vacancies.............................!530, 1618 HB 1002 --Lookout Mountain Judicial Circuit; probation officers;
supplement.........................................................!530, 1618, 1766, 1771, 2182 HB 1003 --Clayton Judicial Circuit; district attorney;
supplement.........................................................^!, 1618, 1651, 1655, 2182 HB 1004 --Clayton Judicial Circuit; judges; supplement...........................1531, 1618, 1651,
1655, 2182 HB 1005 --Clayton County; state court; deputy clerk, judge
and solicitor; compensation.............................1531, 1618, 1651, 1656, 2182 HB 1006 --Clayton County; tax commissioner and deputy tax
commissioner; compensation...........................1531, 1618, 1651, 1656, 2182 HB 1007 --Clayton County; superior court; officials'
compensation.....................................................!531, 1618, 1651, 1656, 2182 HB 1008 --Clayton County; board of commissioners; compensation..................1531, 1618,
1651, 1656, 2182 HB 1009 --Pooler, City of; corporate limits; correct technical
error...............................................................................!532, 1618, 1651, 1657 HB 1010 --Thunderbolt, Town of; corporate limits....................................1532, 1618, 1968,
1968, 2316
HB 1011 --Medical malpractice; mandatory arbitration for certain claims.................................................................................................1532, 1618
HB 1012 --Cherokee County; board of education; per diem......................!532, 1618, 1651, 1657, 2182
HB 1013 --Employees' Retirement; average final compensation;

2676

INDEX

clarification.......................................................................................1532, 1618 HB 1014 --Rockdale County; board of commissioners; filling
vacancies.............................................................!532, 1618, 1651, 1657, 2183 HB 1015 --Chehaw Park Authority; quorum requirement....................................1532, 1618 HB 1016 --Albany, City of ; homestead exemption.................!533, 1618, 1652, 1652, 2183 HB 1017 --Tyrone, Town of; mayor and councilmember;
qualifications................................,.....................1533, 1618, 1651, 1657, 2316 HB 1018 --Franklin-Heard County Water Authority; change
name....................................................................!533, 1618, 1651, 1657, 2002 HB 1019 --Dougherty County; board of education; transfer
students..............................................................1533, 1618, 1652, 1658, 2183 HB 1020 --Physicians; treatment of medicare and Medicaid
patients; requirement......................................................................1533, 1618 HB 1021 --Clayton County; supplement personnel of Clayton
Judicial Circuit..................................................l533, 1618, 1652, 1658, 2183 HB 1022 --Clayton County; probate court; judges' compensation......................1533, 1618,
1652, 1658, 2009, 2121 HB 1023 --Mortgage bankers and brokers; Iicensing..............................................l534, 1618 HB 1024 --Baxley, City of; council; election.............................!534, 1618, 1652, 1658, 2183 HB 1025 --Waycross, City of; revise charter.............................!534, 1618, 2159, 2160, 2510 HB 1026 --Clayton County; board of education; composition...................1534, 1618, 1766,
1771, 2183 HB 1027 --Richmond County; Sheriffs Merit System Board;
compensation.....................................................1616, 1650, 1893, 1900, 2316 HB 1028 --Educational loans; definition; privately sponsored
loans...................................................................................................1616, 1650 HB 1029 --Carroll County; superior court clerk; compensation ..........................1616, 1650,
1766, 1771, 2183 HB 1030 --Carroll County; state court; judge's compensation.............................1616, 1650,
1766, 1771, 2183 HB 1031 --Driver's license; suspension; defensive driving
course; requirement.........................................................................1616, 1650 HB 1032 --Bacon County; board of commissioners; chairman's
salary...................................................................!617, 1650, 1766, 1772, 2184 HB 1033 --DeKalb County; ad valorem tax levy; certain
municipalities..........................................1617, 1650, 1766, 1776, 2374, 2380 HB 1034 --Bacon County; sheriffs office; increase personnel .............................1617, 1650,
1766, 1775, 2184 HB 1035 --Superior Court Clerks' Retirement Fund; benefits.............................!617, 1650 HB 1036 --Occupational disease; disablement claim; time
for filing.............,...............................................................................1648, 1765 HB 1037 --Teachers; leave school when closed; certain
circumstances....................................................................................1648, 1765 HB 1038 --Pooler, City of; corporate limits.............................................................1649, 1765 HB 1039 --Bryan County; board of commissioners; compensation.....................1649, 1765,
1893, 1901, 2317 HB 1040 --Child Health Services Act; create..........................................................1649, 1765 HB 1041 --Fayette County; probate court; judge's compensation.......................1649, 1765,
1893, 1901, 2317 HB 1042 --Fayette County; superior court clerk; compensation .........................1649, 1765,
1893, 1901, 2317 HB 1043 --Fayette County; tax commissioners; compensation .................1649, 1765, 1894,
1901, 2317
HB 1044 --Fayette County; sheriff; compensation...................!649, 1765, 1894, 1902, 2317
HB 1045 --DeKalb County; chief executive officer;
compensation...........................................!650, 1765, 1894, 1902, 2374, 2380
HB 1046 --Richmond County; board of education; compensation......................1650, 1765,

INDEX

2677

1894, 1902, 2317 HB 1047 --Lumpkin County; tax commissioner; compensation ...........................1650, 1765 HB 1048 --Lumpkin County; commissioner; compensation .......................1650, 1765, 1894,
1902, 2205, 2229 HB 1049 --New motor vehicles; manufacturers; failure to
conform to warranty ........................................................................1760, 1892 HB 1050 --Eminent domain; certain maintenance of condemned
property .............................................................................................1760, 1892 HB 1051 --Teachers; religious holidays shall not be charged
sick leave...........................................................................................1761, 1892 HB 1052 --Occupational disease; repeal reduction of certain
compensation ....................................................................................1761, 1892 HB 1053 --Medical Assistance Department; certain agency rules;
requirements.....................................................................................l761, 1892 HB 1054 --Teachers and certificated employees; certain
employee continuation; compensation..........................................1761, 1892 HB 1055 --Civil practice; depositions; videotaping.................................................l761, 1892 HB 1056 --Dalton, City of; hearings and investigations.............................l761, 1892, 1992,
1993. 2317 HB 1057 --Catoosa County; membership; selection.................!762, 1892, 1992, 1993, 2317 HB 1058 --Cuthbert, City of; mayor and councilmen; election ...........................1762, 1892,
1992, 1993, 2317 HB 1059 --Clarke County; Classic Center Authority; membership.....................l762, 1892,
1992, 1994, 2317 HB 1060 --Houston County; repeal Act creating designated
registration of motor vehicle ...........................1762, 1892, 1992, 1994, 2318 HB 1061 --Houston Judicial Circuit; supplement for probation
personnel ............................................................1762, 1892, 1992, 1994, 2318 HB 1062 --Norcross, City of; council; staggered terms ...............................1762, 1892, 1992,
1994. 2318 HB 1063 --Peach County; board of commissioners; compensate ..............1762, 1892, 1992,
1994, 2318 HB 1064 --Gwinnett County; recorder's court; judges'
compensation.....................................................1763, 1892, 1992, 1996, 2318 HB 1065 --Gwinnett County; state court; judges' compensation.........................!763, 1892,
1992, 1996, 2318 HB 1066 --Gwinnett Judicial Circuit; supplement..................1763, 1892, 1992, 1997, 2318 HB 1067 --Gwinnett County; juvenile court; judges' compensation ...................1763, 1892,
1992, 1997, 2318 HB 1068 --Gwinnett County; repeal Act creating the compensation
for officials.........................................................1763, 1892, 2035, 2035, 2318 HB 1069 --Principal and agent; professional service; charges...............................1763, 1892 HB 1070 --Chiropractors; scope of practice.............................................................1764, 1892 HB 1071 --Public officials and employees; health insurance;
certain itemized statement.............................................................1764, 1892 HB 1072 --Public officials and employees; health insurance;
coverage for certain medicine ........................................................1764, 1892 HB 1073 --Houston County; board of commissioners; chairman's
election...............................................................................................!764, 1892 HB 1074 --Houston County; board of commissioners; election............................1764, 1892 HB 1075 --Augusta-Richmond County; Commission-Council;
chairman-mayor; designate..............................!764, 1892, 1992, 1997, 2319
HB 1076 --Clayton County Commission on Children and Youth;
establish..............................................................!765, 1892, 1992, 1998, 2510
HB 1077 --Teachers; midterm adjustments; training and experience .................1891, 1991
HB 1078 --Telephone companies; alternate operator service;
regulation ..........................................................................................1891, 1991

2678

INDEX

HB 1079 --Innkeepers; deposit; inspection of premises at check out...........................................................................................1892, 1991
HB 1080 --Blue Ridge Judicial Circuit; supplement...................................!892, 1991, 2159,
2160. 2510 HB 1081 --Snellville, City of; corporate limits.........................1892, 1991, 2159, 2161, 2510 HB 1082 --Taylor County; county manager; create office..........................!892, 1991, 2159,
2161. 2511 HB 1083 --Fire Department Revolving Loan Fund; create................................... 1988, 2159 HB 1084 --Used motor vehicle dealers; brokers and auctioneers;
registration........................................................................................!988, 2159 HB 1085 --Missing persons; exchange of certain information
on juveniles.......................................................................................1988, 2159 HB 1086 --Insurance; fraudulent claim on stolen motor vehicles........................1988, 2159 HB 1087 --Sales tax; metal coins and bullion; exemption.....................................!988, 2159 HB 1088 --Employees' Retirement; certain judicial employees;
membership.......................................................................................l988, 2159 HB 1089 --Fire Department Grant Fund; create....................................................1989, 2159 HB 1090 --Credit cards; certain information included on
statement...........................................................................................!989, 2159 HB 1091 --Teachers Retirement; teaching service for handicapped
children; credit.................................................................................1989, 2159 HB 1092 --Teachers Retirement; reestablishing creditable service......................1989, 2159 HB 1093 --Peace officers; training expenses; certain
reimbursement..................................................................................l989, 2159 HB 1094 --State employees; interdepartmental transfers; working
test period.........................................................................................1989, 2159 HB 1095 --Employees' Retirement; allowance and calculation
of benefits..........................................................................................l990, 2159 HB 1096 --Executors; fee schedules................................................................!990, 2159, 2191 HB 1097 --Motorcycles; headgear; certain persons.................................................1990, 2159 HB 1098 --Garnishment; individual retirement accounts; certain
exception...........................................................................................1990, 2159
HB 1099 --Income tax; military and civil service retirement; exemption..........................................................................................!990, 2159
HB 1100 --Fishing; sport trotlines; remove certain prohibitions..........................1990, 2159 HB 1101 --Governor; qualifications for election; certain
prohibitions.......................................................................................2157, 2313 HB 1102 --Stewart County; commissioner; revise provisions................................2157, 2313 HB 1103 --Structural Pest Control Commission; composition .............................2158, 2313 HB 1104 --Financial institutions; mortgage bankers and brokers;
licensing.............................................................................................2158, 2313 HB 1105 --Emerging Crops Fund; provisions..........................................................2158, 2313 HB 1106 --DeKalb County; homestead exemption; elderly.............................................2308 HB 1107 --DeKalb County; homestead exemption; elderly.............................................2308 HB 1108 --Union County; sheriff; duties............................................................................2308 HB 1109 --Medical insurance; athletic event; student coverage.....................................2308 HB 1110 --Teachers Retirement; transfer service from Employees'
Retirement System.....................................................................................2308
HB 1111 --Motor Vehicle Theft and Insurance Fraud Reporting Immunity Act........................................................................................-....2308
HB 1112 --Towns County; sheriff; duties...........................................................................2309 HB 1113 --Union County; commissioner; compensation..................................................2309
HB 1114 --Legislative Retirement; General Assembly member;
prior service.................................................................................................2309
HB 1115 --Towns County; commissioner; compensation.................................................2309
HB 1116 --Handicapped parking fines; use of funds........................................................2309
HB 1117 --Housing; discrimination; revise prohibitions ..................................................2309

INDEX

2679

HB 1118 --DeKalb County; magistrates; compensation...................................................2309 HB 1119 --Alcoholic beverages; retail package stores; prohibit
certain persons............................................................................................2310 HB 1120 --Alcoholic beverages; retail dealer; prohibit
check-cashing center..................................................................................2310 HB 1121 --Distilled spirits; excise tax; stamps..................................................................2310 HB 1122 --Public officers and employees; liability insurance;
immunity...........................................................................................2158, 2313 HB 1123 --Local government consolidation; procedures..................................................2310 HB 1124 --Hazardous wastes; out of state; prohibit.........................................................2310 HB 1125 --Utility Finance Section of Public Service
Commission; abolish ..................................................................................2310 HB 1126 --Public Service Commission; ex parte communications.................................2311 HB 1127 --Health insurance; usual, customary and reasonable
charge; definition........................................................................................2311 HB 1128 --Insurance; capital stock or surplus requirements;
amend provisions........................................................................................2311 HB 1129 --Insurance; fraternal benefit societies; revise
provisions.....................................................................................................2311 HB 1130 --Property and casualty insurance; business by producer
which controls insurer ...............................................................................2311 HB 1131 --Elections; registrars and chief registrar; compensation ................................2311 HB 1132 --Elections; certain county officials; nonpartisan
primaries; repeal provisions......................................................................2312 HB 1133 --River Corridor Protection Act; enact..............................................................2312 HB 1134 --Hospitals; capital projects; expenditures; definition.....................................2312 HB 1135 --Evidence; expert witnesses; medical malpractice;
actions..........................................................................................................2312 HB 1136 --Mortgages; closing services; predetermined fee
schedule.......................................................................................................2312

PART III
HOUSE RESOLUTIONS
HR 1 --Notify the Senate the House of Representatives has convened...................................................................................................13
HR 2 --Notify the Governor the General Assembly has convened....................................................................................................13, 37
HR 3 --Relative to the House of Representatives; officials and staff...........................................................................................................14
HR 4 --Rules of the House; adopt.....................................................................................!6 HR 5 --Joint Session; Governor's message.................................................................!6, 54 HR 6 --Joint Session; Governor's message; invite Justices
and Judges................................................................................................17, 54 HR 7 --Joint Session; message from Chief Justice of
Supreme Court.........................................................................................17, 54 HR 8 --Adjourn 1/13/89; reconvene 1/23/89..............................................................17, 55 HR 9 --Rules of the House; amend Rule 11.....................................................................23 HR 10 --Train and Rail Service Study Committee; create .......................................35, 54 HR 11 --State lottery; disposition of proceeds - CA ..................................................35, 54 HR 12 --Rules of the House; amend Rule 5......................................................23, 241, 275 HR 13 --Lotteries; prohibitions; exempt certain bingo
games - CA................................................................................................35, 54 HR 14 --House Movie Industry Study Committee; create ...................35, 54, 1536, 1634 HR 15 --Ad valorem tax; agricultural, horticultural or
forest land - CA........................................................................................35, 54 HR 16 --Boutwell, Aaron E.; compensate .........................................36, 54, 685, 719, 2190 HR 17 --University System Laboratory, Equipment,
Rehabilitation, and Eminent Scholars Endowment Study Committee; create ...................................................................36, 54, 215, 244 HR 18 --Privatization of Penal Institutions Study Committee ................................36, 54 HR 19 --Thomas Humphrey Highway; designate............................36, 54, 549, 623, 1337 HR 20 --Fulton-DeKalb Hospital Authority; create commission................................................................................................36, 54 HR 21 --Christmas trees; relative to purchase by state agencies.....................................................................................36, 54, 177, 274 HR 22 --Northwest Georgia Regional Hospital; designate centers...............................................................................36, 54, 76, 101, 2190 HR 23 --Board of education; election and number - CA...........................................52, 61 HR 24 --State officials; election by plurality - CA.....................................................52, 61 HR 25 --Pardons and Paroles Board; election - CA...................................................53, 61 HR 26 --Rules of House; amend Rule 12 ...........................................................................54 HR 27 --Rules of House; amend Rule 12 ...........................................................................54 HR 28 --Lotteries; delete prohibitions - CA................................................................53, 61 HR 29 --Joint State-wide Lottery Study Committee; create ....................................53, 61 HR 30 --Young, Honorable Andrew W.; invite .....................................................54, 61, 62 HR 31 --Joint Health Care Personnel Supply and Planning

2682

INDEX

Study Committee; create.............................................60, 76, 899, 997, 1545 HR 32 --Public officials; certain felony convictions;
prohibit serving - CA...............................................................................61, 76 HR 33 --Goff, Coach Ray; invite to House.........................................................................62 HR 34 --University System; free tuition for faculty
children .....................................................................................75, 99, 387, 527 HR 35 --Bibb County; convey property.............................................75, 99, 549, 573, 1545 HR 36 --Special investigative grand juries; drug
trafficking; jurisdiction - CA..................................................................75, 99 HR 37 --4-H Champions; Ms. Tricey Hill; Dr. T. F. Rodgers;
invite to House...............................................................................78, 291, 351 HR 38 --Cowan, Michael; commend....................................................................................79 HR 39 --Rodgers, Dr. Thomas F. commend.......................................................................79 HR 40 --Johnson, Andy; commend......................................................................................79 HR 41 --Sirmans, Leigh; commend .....................................................................................79 HR 42 --Smith, Susan; commend.........................................................................................79 HR 43 --Stone, Kevin; commend.........................................................................................79 HR 44 --Button, Hope; commend........................................................................................79 HR 45 --Hill, Tricey; commend............................................................................................79 HR 46 --Laseter, Ben; commend..........................................................................................79 HR 47 --Nelson, Chap; commend........................................................................................79 HR 48 --Clifton, Niki; commend..........................................................................................79 HR 49 --Aldridge, Austin; commend...................................................................................80 HR 50 --Downing, Melinda; commend................................................................................80 HR 51 --Black, Barclay; commend ......................................................................................80 HR 52 --Burgess, Robert T., Sr.; invite..............................................................................79 HR 53 --Schreyer, Cynthia Lynn; commend......................................................................80 HR 54 --Culpepper, Judge Robert E. Lee, Jr.; condolences............................................80 HR 55 --Davis, Kevin; commend.........................................................................................80 HR 56 --Jackson High School Red Devils baseball team;
commend..........................................................................................................80 HR 57 --Holder, Warren; commend....................................................................................80 HR 58 --Burger, Jeff; commend...........................................................................................80 HR 59 --Motorcycle Awareness and You Month May, 1989;
recognizing.......................................................................................................80 HR 60 --Americus Area Interest Group of AKA Sorority, Inc.;
commend..........................................................................................................80 HR 61 --Tift County 4-H Poultry Judging Team; commend..........................................80 HR 62 --Perdue, Coach Tommy; Robert E. Lee High School "Rebels";
invite to House...............................................................................79, 291, 351 HR 63 --Lake Sidney Lanier; recognize..............................................................................81 HR 64 --Savannah Regional Minority Purchasing Council; commend..........................81 HR 65 --Brock, James Luther; compensate..............................................................93, 146 HR 66 --George S. Lee Causeway; designate....................................93, 146, 549, 590, 905 HR 67 --Cole, Dr. Thomas W., Jr.; commend and invite..............................!05, 156, 156 HR 68 --House Abandonment of Infants Study Committee;
create........................................................................................................98, 146 HR 69 --Lottery; hospital care for indigents and educational
purposes; proceeds - CA .......................................................................98, 146 HR 70 --House Disparity in Sentencing and Sentencing
Reform Study Committee; create........................................................98, 146 HR 71 --National Guard assist in fight against drugs.............................98, 146, 515, 649
HR 72 --Local school boards; other sources of revenue - CA.................................98, 147
HR 73 --Holy Order of MANS, Inc.; compensate...................................................^, 177
HR 74 --U. S. 441 Business Historic Route; designate.................................!44, 177, 549,
619, 1337
HR 75 --Simmons, David Edward, Sr.; compensate...............................................144, 177

INDEX

2683

HR 76 --Fuller, G. Douglas and Alice K.; compensate.................................145, 177, 685,
811, 2190 HR 77 --Roland, George; compensate.......................................................................145, 177 HR 78 --Tedesco, Dr. Francis J.; invite...........................................................148, 178, 183 HR 79 --Watson, Jarret Lee invite ...................................................................148, 291, 351 HR 80 --Watson, Jarret Lee; commend............................................................................149 HR 81 --Georgia Citizens for the Arts; commend...........................................................149 HR 82 --Payne Chapel; commend......................................................................................!49 HR 83 --Scarborough, Elizabeth B.; commend................................................................149 HR 84 --Warner Robins Clean Community Commission; recognize............................149 HR 85 --Bohan, Dr. Gunar N.; condolences.....................................................................149 HR 86 --National Rifle Association; support position....................................................149 HR 87 --Bivins, R. S.; compensate ............................................................................175, 214 HR 88 --County and municipalities; planning and zoning
powers; amend procedures - CA........................................................175, 214 HR 89 --Baldwin County; convey property ...........................................175, 214, 549, 1196 HR 90 --Long, Marvrick; compensate........................................!76, 214, 1030, 1254, 2190 HR 91 --Martin, Benjamin Earl, Jr.; compensate...................................................176, 214 HR 92 --House Discipline in Schools Study Committee;
create...........................................................................................176, 214, 2006 HR 93 --Hallerman, Paul; compensate.....................................................................176, 214 HR 94 --Brown, Clarice L.; compensate...................................................................176, 214 HR 95 --Special County sales tax; educational purposes - CA.............................176, 214 HR 96 --House Motor Vehicle Safety Inspection Study
Committee; create................................................................................176, 214 HR 97 --Robinson, Honorable Lee, Carr Dodson and Carolyn Crayton;
invite to House.............................................................................l82, 241, 351 HR 98 --Winder, City of; State Properties Commission; grant
easement ..........................................................212, 239, 549, 647, 1546, 1609 HR 99 --Calhoun, City of; conveyance of property...............................212, 239, 549, 654,
1782, 1881, 2006 HR 100 --Lieutenant Governor; abolish office - CA.................................................212, 239 HR 101 --Calhoun, City of; conveyance of property...............................212, 239, 549, 655,
1912, 2101 HR 102 --Barrow, John; compensation ..................................................212, 239, 1361, 1600 HR 103 --Sellers, William B.; compensation.........................................212, 239, 1361, 1595 HR 104 --Joel Cowan Parkway; designate ......................................212, 239, 549, 623, 2005 HR 105 --Floy Farr Parkway; designate..........................................212, 239, 549, 623, 2322 HR 106 --House Savannah River Basin Study Committee; create ........................212, 239 HR 107 --State Properties Commission; property adjacent
Roosevelt State Park............................................213, 239, 1362, 1386, 2190 HR 108 --House Study Committee on School District Enrollment
Options Program; create .....................................................................213, 239 HR 109 --Strickland, Lorraine; compensate..........................................213, 239, 1361, 1599 HR 110 --Juliette Gordon Low Highway; designate........................213, 239, 549, 576, 905 HR 111 --Ad valorem tax; education; reduce mill
limitation - CA .....................................................................................237, 262 HR 112 --Motor fuel tax; urge Congressional Delegation
to oppose.............................................................................217, 608, 614, 1468 HR 113 --House Radon Gas Study Committee; create .......................237, 262, 1893, 2028 HR 114 --Bagwell, Martha; compensation.................................................................237, 262 HR 115 --Clarks Hill Lake; designation......................................237, 262, 1164, 1318, 1911
HR 116 --Rutter, Richard on behalf of Valerie A. Rutter;
compensate............................................................................................238, 262
HR 117 --University System of Georgia Outstanding Scholars;
commend........................................................................................................220
HR 118 --Curtis, Paula F.; compensation ..................................................................238, 262

2684

INDEX

HR 119 --Pari-mutuel wagering; provide by referendum - CA...............................238, 262 HR 120 --Savannah Day; designate; Monday, January 30, 1989 ...................226, 246, 273 HR 121 --Albany, Dougherty County, Albany Chamber of
Commerce; invite representatives to House............................227, 608, 614 HR 122 --Balanced budget; urge amendment to United States
Constitution; rescind request for Constitutional Convention ....................................................................................................227 HR 123 --McWhorter, Coach Mac; invite ..................................................................227, 247 HR 124 --Dalton, Sir Alan; commend .................................................................................227 HR 125 --Firefighters of Georgia; commend ......................................................................227 HR 126 --Cheek, Benjamin Franklin, Jr.; condolences.....................................................227 HR 127 --Jackson, Solomon, Jr.; condolences....................................................................227 HR 128 --Toombs, James Weldon; condolences................................................................227 HR 129 --Harrison, Honorable John Carl; condolences...........................................227, 269 HR 130 --Waters, M. D. (Duvon); condolences .................................................................227 HR 131 --Smith, Frank M.; condolences ............................................................................227 HR 132 --DeLoach, Olin P. "Jock"; condolences ..............................................................228 HR 133 --Kennedy, R. Jack; condolences...........................................................................228 HR 134 --Calhoun, John H., Jr.; condolences....................................................................228 HR 135 --Laws, H. Frank; condolences...............................................................................228 HR 136 --Hankerson, Joseph L.; condolences....................................................................228 HR 137 --Sears, Zenas; condolences ....................................................................................228 HR 138 --Waters, Sheriff Romie; commend.......................................................................228 HR 139 --Sikes, Ben F.; commend.......................................................................................228 HR 140 --Middleton, Maria; commend...............................................................................228 HR 141 --Oliver, Clint; commend ........................................................................................228 HR 142 --W. H. Shaw High School Marching Band; commend ............................... ......228 HR 143 --Wood, Honorable Joe T.; commend...................................................................228 HR 144 --Lee, Clifford E.; commend...................................................................................228 HR 145 --Jones, Officer Kenneth; commend .....................................................................229 HR 146 --DeKalb County Infant Mortality Task Force; commend ...............................229 HR 147 --Brookwood High School; commend ...................................................................229 HR 148 --Mercer, Ray; commend ........................................................................................229 HR 149 --Carolyn Ellis School of Dance; recognize ..........................................................229 HR 150 --Roswell Presbyterian Church 150th Anniversary;
HR 151 --Warner Robins High School "Demons"; commend .........................................229 HR 152 --Dobbs, Timothy and Virginia Lynn (Genny); commend...... ........ ...............u,229 HR 153 --Georgia Military College; commend...................................................................229 HR 154 --Nour, Elias; honor.................................................................................................229 HR 155 --Deerfield-Windsor School Lady Knights Basketball
team; commend.............................................................................................229 HR 156 --Willcox, Charles Jason; commend......................................................................229 HR 157 --DeKalb County Task Force on AIDS; commend.............................................229 HR 158 --City of Decatur; "Animal Crackers" program; commend...............................230 HR 159 --DeKalb County Police Emergency Service Unit; commend ..........................230 HR 160 --Kutchey, Robert Marshall, Sr.; compensate.............................................258, 290 HR 161 --Superior and state courts; vacancies; special
election - CA.........................................................................................258, 290 HR 162 --Access to Health Care Commission; create.............................258, 290, 712, 841,
2005, 2077 HR 163 --Boards of education; election from single-member
districts - CA ........................................................................................258, 290 HR 164 --Yost, Dr. Henry F.; commend.............................................................................274
HR 165 --White County; convey property ......................................288, 333, 549, 653, 2322 HR 166 --Moody, William Scott; compensate ...........................................................288, 333
HR 167 --Ad valorem tax; education; other sources of

INDEX

2685

revenue - CA.........................................................................................288, 333 HR 168 --Special County sales tax; educational purposes - CA.............................288, 333 HR 169 --Frazier, Frances; commend and invite..............................................318, 334, 351 HR 170 --Georgia Farm Bureau Day; February 1, 1989..................................318, 333, 379 HR 171 --Farm Conservation and Water Protection Act of 1988;
delay ..............................................................................................318, 606, 645 HR 172 --Vidalia onions; urge adoption of proposed federal
marketing order ...........................................................................318, 333, 379 HR 173 --Garrett, Amelia W. "Millie"; commend.............................................................319 HR 174 --Sanders, Kathryn; commend...............................................................................319 HR 175 --Hatfield, Shan; commend and invite ......................................318, 608, 615, 2006 HR 176 --Thomasville High School varsity cheerleaders;
HR 177 --University of Georgia football team; commend ...............................................319 HR 178 --Rogers, Latashia; commend.................................................................................319 HR 179 --Slosheye Trail Big Pig Jig; recognize.................................................................319 HR 180 --Bruner, Honorable J. T. commend ....................................................................319 HR 181 --Thomasville High School Bulldogs; commend .................................................319 HR 182 --Jennings, Edna A.; honor.....................................................................................319 HR 183 --Whitmire, Honorable Sam Lloyd; commend....................................................319 HR 184 --Hight, Dr. Donald; commend..............................................................................319 HR 185 --Mitchell, Willie Phenzie, ST.; condolences ........................................................319 HR 186 --Jamieson, Alan; commend ...................................................................................320 HR 187 --Young, Daniel W., Sr.; condolences ...................................................................320 HR 188 --Tattnall Square Academy Trojans football team;
commend and invite....................................................................318, 334, 351 HR 189 --Franchised Motor Vehicle Practices Study Committee;
create......................................................................................................384, 514 HR 190 --Peach Parkway; designate ............................................384, 514, 1108, 1199, 1911 HR 191 --Waters, Chastity Carol; commend and invite ..................................392, 608, 614 HR 192 --Samaranch, Juan Antonio; invite to General Assembly ........................392, 608,
614, 860 HR 193 --Griffin, Melissa Hope; commend and invite....................................392, 608, 614 HR 194 --Harrison, Honorable Carl; invite family ...........................................393, 608, 614 HR 195 --Stone Mountain-Britt Memorial Airport; proposed expansion .....................393 HR 196 --Medical Assistance; urge control of drug expenditures.........................514, 557,
1320, 1562 HR 197 --Davis, William R. "Bill"; invite and commend ...............................393, 608, 615 HR 198 --Shapiro, Robert B.; invite and commend.........................................393, 608, 615 HR 199 --Georgia Parent Teacher Association; commend; Georgianne Bearden,
invite to House.............................................................................484, 557, 566 HR 200 --Waycross City School System; commend..........................................................484 HR 201 --Dugal, Dr. J; Anderson, Dr. G.; Siegelson, Dr. H.;
HR 202 --Blue, Honorable W. E.; commend......................................................................484 HR 203 --Smith, E. Byron; commend .................................................................................484 HR 204 --Lamar Electric Membership Corporation; commend......................................484 HR 205 --Ware, Honorable James Crawford; commend ..................................................523 HR 206 --Bramlett, Honorable W. A.; commend .................. ............................................544 HR 207 --Craig, Andrew Blair; commend...........................................................................544 HR 208 --Coggin, J. Milton; recognize ................................................................................544 HR 209 --National Girls and Women in Sports Day; recognize .....................................544 HR 210 --Farris, Joe, Jr.; commend ....................................................................................544 HR 211 --Fleming, Charlie; commend.................................................................................544 HR 212 --Reagan, President Ronald Wilson; commend...................................................544 HR 213 --Georgia College Republicans; commend........,...................................................545 HR 214 --Craig, Martin David; commend ..........................................................................545

2686

INDEX

HR 215 --Miller, Rebecca Jane; compensate.........................................556, 606, 1361, 1596 HR 216 --Rules of the House; amend Rule 6.....................................................................566 HR 217 --Harris, Frances M.; compensate ............................................604, 635, 1361, 1597 HR 218 --England, Charles W.; compensate...............................604, 635, 1030, 1253, 2190 HR 219 --Adjourn 2/3/89; reconvene 2/6/89 ..............................................................596, 598 HR 220 --Drug-related crime; additional penalty - CA ...........................................604, 635 HR 221 --Schools; hiring practices; investigation .....................................................604, 635 HR 222 --Mathias, Janet P.; compensate ..............................................683, 711, 1361, 1601 HR 223 --Georgia Recreation and Park Society; commend.............................................648 HR 224 --"Tutti Frutti"; designate as official rock and
roll song .................................................................................................634, 685 HR 225 --Governor's Private Sector Survey Committee on Cost
Control; create ......................................................................................634, 685 HR 226 --Elrod, Steve; compensate ............................................................................683, 711 HR 227 --Special one percent sales tax; educational
purposes - CA.......................................................................................683, 711 HR 228 --Creek Indian Trail Scenic Highway; designate ............................683, 711, 1108,
1197, 1782 HR 229 --Public School Cafeteria Workers Week; designate
December 1 thru 7, 1989.....................................................................664, 718 HR 230 --Taylor, Brigadier General Charles W., Jr.; commend.....................................664 HR 231 --Borne, Pamela M.; commend ..............................................................................664 HR 232 --Payne, Sergeant Billy Franklin; commend .......................................................664 HR 233 --Cox, Honorable Walter; wish a speedy recovery..............................................664 HR 234 --Watson, Honorable Clinton K., Jr.; commend .................................................664 HR 235 --Young, William P.; commend..............................................................................664 HR 236 --Bray, Angela W.; commend .................................................................................664 HR 237 --Bowen, Sheryl; commend.....................................................................................664 HR 238 --Tax relief; elderly - CA................................................................................634, 685 HR 239 --State School Superintendent; hold office no more
than two terms - CA...................................................................634, 685, 898 HR 240 --Steen, Eunice; compensate .....................................................710, 822, 1361, 1597 HR 241 --Hancock, Frances and Bob; compensate....................710, 822, 1361, 1598, 2190 HR 242 --Lightwood Knot Bridge; designate .............................710, 822, 1108, 1192, 2005 HR 243 --House Drivers' Licensing Study Committee; create ...............................710, 822 HR 244 --House Catering Business Study Committee; create................................821, 851 HR 245 --Pinkston, Honorable Frank C.; commend.........................................................801 HR 246 --McMullan, Honorable J. L.; commend..............................................................802 HR 247 --Fletcher, Honorable Harold; commend .............................................................802 HR 248 --Morton, Malcolm O.; comrnend..........................................................................802 HR 249 --Bray, Honorable Cecil; commend.......................................................................802 HR 250 --Sell, Dr. William Horace; commend...................................................................802 HR 251 --Farmer, Robert E.; commend..............................................................................802 HR 252 --Vocational Education Week; recognize..............................................................802 HR 253 --Chappell, Emmitt Edward; congratulate and commend.................................802 HR 254 --Hardy, Paul T.; commend ...................................................................................802 HR 255 --Domain; Abraham; condolences..........................................................................802 HR 256 --Johnson, Rudolph; commend ..............................................................................802 HR 257 --Stakes, Mary E.; commend..................................................................................802 HR 258 --Harrison, Honorable Robert L., Jr.; condolences.............................................803 HR 259 --Jones, Q. P., Sr.; condolences..............................................................................803 HR 260 --University of Georgia football team; commend ...............................................803
HR 261 --Sope Creek Elementary School; commend .......................................................803
HR 262 --Fambro, Shirley; condolences..............................................................................803
HR 263 --Bussey, Larry Wayne; commend and invite ....................................803, 852, 999
HR 264 --Cosby, Dr. and Mrs. William H. "Bill", Jr.;
invite to House .............................................................................................815

INDEX

2687

HR 265 --Rangel, Oscar; compensate..........................................................................711, 822 HR 266 --Woodard, Willie Mae; compensate ............................................................821, 851 HR 267 --Adjournment; relative to.............................................................................845, 846 HR 268 --Edwards, Hallie Ward; congratulate..................................................................845 HR 269 --Alien, Gertrude Darden; commend ....................................................................845 HR 270 --Sherrill, Frank; commend....................................................................................846 HR 271 --Gwinnett County Chamber of Commerce's salute to
General Assembly.........................................................................................846
HR 272 --Knighton, Captain Christine; recognize and commend........................................................................................................846
HR 273 --Amoco Corporation; recognize ............................................................................846 HR 274 --Michels, Stephanie; commend.............................................................................846 HR 275 --Postsecondary Vocational Education Laboratory
Equipment and Library Research Needs Study Committee; create...........................................................849, 897, 1033, 1191 HR 276 --Schief, Carolyn; compensate.......................................................................896, 939 HR 277 --A. T. Land, Sr. Highway; designate ...........................896, 939, 1322, 1343, 2005 HR 278 --Adjournment; relative to.............................................................................924, 946
HR 279 --Local governments; sales tax without certain limitation -CA.....................................................................................938, 1029
HR 280 --House Rapid Rail Passenger Service Study Committee; create...............................................................................938, 1029, 1893, 2030
HR 281 --Youth Assembly officials; recognize and commend.........................................996 HR 282 --1988 Tift Area Academy football team; commend..........................................996 HR 283 --Tattnall County Historic Preservation, Inc.; commend..................................996 HR 284 --United States Marshalls Service; recognize and commend............................996 HR 285 --Moye, L. M., Jr.; commend.................................................................................996 HR 286 --Mitchem, Leslie G., Jr.; condolences .................................................................996 HR 287 --Burgess, Robert T., Sr.; commend .....................................................................996 HR 288 --Kahn, Dr. Bernard L.; commend........................................................................996 HR 289 --Hunting; urge landowners to give preference to
Georgia residents;.........................................................................................996 HR 290 --Roe, Ruth Essie; condolences..............................................................................996 HR 291 --Permanent Homes for Children in Georgia program;
commend........................................................................................................996 HR 292 --Buice, Colvard Grady; condolences....................................................................997 HR 293 --Dudley, Brenda Barnett; condolences ...............................................................997 HR 294 --Georgia Tax Reform Commission of 1990; create...............................1028, 1113 HR 295 --Richmond County; convey property .......................1112, 1163, 1362, 1387, 2322 HR 296 --University System of Georgia; Gordon College;
convert to 4 year.........................................................................................1155 HR 297 --Clinch County Panthers football team; recognize.........................................1155 HR 298 --Evans, Darryl E.; commend...............................................................................ll55 HR 299 --Roberts, Marjorie H. "Marty"; commend.......................................................H55 HR 300 --Hines, Roger N.; commend................................................................................H55 HR 301 --Stanford, Morgan C.; commend........................................................................1155 HR 302 --Rucker, Reverend Riley; commend..................................................................1155 HR 303 --Electric membership cooperatives; commend.................................................1155 HR 304 --Thomas, Albert; commend ................................................................................1156 HR 305 --Gwinnett County; Board of Commissioners; urge
certain action..............................................................................................1156 HR 306 --Citizens and Agencies for Troubled Children
Coalition; commend...................................................................................1156
HR 307 --Hamby, Roy Edgar; commend..........................................................................H56
HR 308 --Wood, James Paul, II; commend......................................................................H56
HR 309 --Ross, Bobby; commend and invite..............................................1156, 1327, 1354
HR 310 --General Assembly; bills contingent upon appropriations;

2688

INDEX

prohibitions - CA .............................................................................1161, 1266 HR 311 --Muscogee County Board of Education Study Committee;
create..................................................................................................H63, 1266 HR 312 --State Boards of Education and Technical and Adult Education;
liaison committees.......................................................l264, 1326, 1535, 1636 HR 313 --Certificate of Need for Traumatic Brain Injury
Facilities Study Committee.......................................1265, 1326, 1893, 2029 HR 314 --Bartow County; convey property ...........................................................1265, 1326 HR 315 --County and Municipalities; composition of governing
authority; referendum - CA............................................................1265, 1326 HR 316 --Joint Title 40 Study Committee; create ....................................1265, 1326, 1366,
1580, 2322 HR 317 --Joint Evidence Study Committee; create ..................................1265, 1326, 1361,
1501, 2190 HR 318 --Family and medical leave policies of employers;
committee to study..........................................................................1265, 1326 HR 319 --House Fulton County Study Commission; create...............................1324, 1366,
1893, 2221 HR 320 --McKinney, Representative Cynthia; honor father.........................................1347 HR 321 --Georgia Trust for Historic Preservation, Inc; convey
property.............................................................................................1325, 1366 HR 322 --State-wide mass transit and heavy rail system;
feasibility study................................................................................1326, 1366 HR 323 --Residential housing; accessibility for disabled
and elderly;.......................................................................................1326, 1366 HR 324 --McEachern High School wrestling team; commend and
recognize......................................................................................................1352 HR 325 --Dawson, William Mark; commend...................................................................1352 HR 326 --Henry County High School; commend............................................................1352 HR 327 --Daniel, John; commend......................................................................................l352 HR 328 --Towns County High School baseball team; commend.................................. 1352 HR 329 --Caldwell, Bethany Rowell; commend...............................................................l352 HR 330 --Sanborn, Richard D., Jr.; condolences.............................................................l352 HR 331 --Kutcher, Janet; commend..................................................................................l352 HR 332 --Standridge; T. J.; commend..............................................................................1352 HR 333 --Georgia Court Appointed Special Advocates (CASA);
commend...................................................................................................... 1352 HR 334 --Shipp, Mary Alice; Worth County Save the Children
Committee; commend................................................................................1353 HR 335 --Rogers, John R.; commend................................................................................!353 HR 336 --Ward, Marvin; commend...................................................................................1353 HR 337 --Purchase of Services for Juvenile Offenders program;
commend......................................................................................................1353 HR 338 --Jones, Larry; commend......................................................................................1353 HR 339 --Starrett; James Christopher "Chris"; condolences ........................................1353 HR 340 --Byrne, Mary Margaret; paying tribute............................................................1353 HR 341 --Mims, Wright Wilson; commend......................................................................!353 HR 342 --Davis, Henry Gordon, Jr., M.D.; commend....................................................1353 HR 343 --McNair, Joe A.; commend.................................................................................1353 HR 344 --Turner, Lawrence Keith; commend.................................................................1353 HR 345 --Conway, Alice and the Worth County Mission; commend...........................1353 HR 346 --Walker, B. E.; commend....................................................................................1353
HR 347 --Hardin, William G., Jr.; commend...................................................................1354
HR 348 --Berrien County High School baseball team;
Coach Bart Shuman; commend ...............................................................1354
HR 349 --Timberland; long-term capital gains; tax differential........................!364, 1456,
1935, 2031

INDEX

2689

HR 350 --Coggins, Delia Charles; recognize.....................................................................1376 HR 351 --Cox, Honorable Walter E.; condolences ..........................................................1447 HR 352 --House Quality of Work Life Study Committee; create ......................1366, 1456 HR 353 --One Hundredth Anniversary of the State Capitol;
commemorate..............................................................................................1475 HR 354 --Cable TV Study Committee; create.......................................................!455, 1535 HR 355 --McKinney's Pond Restaurant; recognize ........................................................1494 HR 356 --Waldrop, Charles Moses; commend.................................................................1494 HR 357 --Green, Mark and Holly; congratulate..............................................................l494 HR 358 --Mallard, Andrew Wilson; commend.................................................................1494 HR 359 --Bruner, Anthony M. "Tony"; honor................................................................1494 HR 360 --Sumner Fire Department; commend ...............................................................1494 HR 361 --Dooley, Vince; University of Georgia Athletic Director;
commend......................................................................................................1494 HR 362 --Bain, Mr. and Mrs. Jeff; congratulate.............................................................1494 HR 363 --City of Kennesaw, Georgia; recognize..............................................................!494 HR 364 --Colquitt County Arts Council; commend........................................................1494 HR 365 --Drug Abuse and Drug Trafficking Study Committee;
create.............................................................................!456, 1535, 2030, 2191 HR 366 --J. R. Reeves Bridge; designate ...............................................................1456, 1535 HR 367 --Pollution; House Natural Resources and Environmental
Committee to study...............................................................!530, 1590, 1618 HR 368 --Murphy, Carol Meadows; commend ................................................................1572 HR 369 --Georgia Health Insurance Trust Fund; create - CA...........................1534, 1618 HR 370 --Autism Resource Center; support development ..................................1534, 1618 HR 371 --House Strategic Planning Study Committee; create...........................!534, 1618 HR 372 --Governor and Lt. Governor; one six-year term - CA..........................1534, 1618 HR 373 --Little, Mickey; commend...................................................................................1572 HR 374 --Sentell, Professor R. Perry, Jr. commend.....,.................................................1572 HR 375 --Bergerson, Mary Ann; best wishes...................................................................1572 HR 376 --Jones, Warren "Rhubarb"; commend..............................................................1572 HR 377 --Garrett, Jack Vernon; commend.......................................................................!572 HR 378 --Dickerson Middle School; commend............................................................-...1572 HR 379 --East Side Elementary School; commend.........................................................!572 HR 380 --Almand, Honorable Preston Matthew; condolences......................................!572 HR 381 --Rohrs, Honorable Helen G.; commend............................................................l580 HR 382 --Wilson, Honorable Joe Mack; commend.........................................................l663 HR 383 --Medical Examiner Study Committee; create .......................................1617, 1650 HR 384 --Robinson, Honorable Pete; commend..............................................................1640 HR 385 --Redfern, William Russell "Rusty"; invite and
commend.................................................................................l643, 1647, 1674 HR 386 --State employees; attend certain colleges without
payment of tuition...........................................................................!617, 1650 HR 387 --Chatham County; exchange of certain property..................................1617, 1650 HR 388 --Nurserymen and landscapers; agriculture priority
during water shortages..........................................................!618, 1650, 1732 HR 389 --Omar Temple No. 21, Prince Hall Shriners; commend ................................1643 HR 390 --Alfred E. Beach High School Hall of Fame; commend ................................1643 HR 391 --Wheeler, Richard (Scrap); commend...............................................................1643 HR 392 --Garrett, Virginia; commend...............................................................................1643 HR 393 --Scott, Mary; commend.......................................................................................1643 HR 394 --Parley, William F.; recognize and invite .........................................................1673
HR 395 --Adjourn 3/2/89; reconvene 3/6/89..........................................................1674, 1758
HR 396 --Cobb County Hospital Authority Study Committee;
membership; create ......................1650, 1765, 1784, 1917, 2035, 2036, 2511
HR 397 --Neal, Ida; Georgia Tech Lady Jackets basketball team;

2690

INDEX

HR 398 --Courchine, Kevin; commend.............................................................................1733 HR 399 --Lassiter High School Concert Band; commend .............................................1733 HR 400 --Falanga, Michaelle Elizabeth; commend.........................................................1733 HR 401 --Citizens' Committee for Skidaway Island State Park,
Union Camp Corporation and the Branigar Organization, Inc.; commend..........................................................1733, 2005 HR 402 --Cordele, City of; commend................................................................................1733 HR 403 --Moses, Edward C.; wish a speedy recovery.....................................................1758 HR 404 --Morris, Jasper and Montene; congratulate.....................................................1758 HR 405 --Gwinnett County Government Study Commission; create...............1765, 1892,
1992, 1995, 2322 HR 406 --Augusta - Richmond County Commission on Disadvantaged
Youth; create...........................................1765, 1892, 1992, 1995, 2374, 2444 HR 407 --House Truck Safety Study Committee; create....................................1765, 1892 HR 408 --Macon College; convert to four-year college;
urge..........................................................................................1809, 2030, 2216 HR 409 --Firearm dealers; ammunition to underage persons.......................................1809 HR 410 --Foreign Language Assistance Act; urge U.S. Congress
support....................................................................................1809, 2030, 2217 HR 411 --Wood, Honorable Joe T.; recognize, honor, commend,
and invite................................................................................!809, 2094, 2217 HR 412 --Hinson, Royace B.; commend...........................................................................1809 HR 413 --Carrollton High School Debate Team; commend..........................................1809 HR 414 --Falls, Thomas E. commend...............................................................................1809 HR 415 --Georgia Council and Georgia State Grand Assembly;
recognize......................................................................................................1809 HR 416 --Savannah-Chatham County Anti-Drug Commission Study
Committee; create .......................................................1765, 1892, 1992, 1995 HR 417 --Hogan, M.J."Jerry"; Ray, Charles R.; commend on
Savannah St. Patrick's Day Parade....................................l839, 1888, 1917 HR 418 --Duncan, Frances S.; commend.....................................................1839, 1888, 1965 HR 419 --Wilson, Brad; invite to House...........................................................................1963 HR 420 --Green, Rubye R. congratulate...................................................................-.......1963 HR 421 --Colquitt County High School A Cappella Choir; commend.........................!963 HR 422 --Fendley, Glenda; commend...............................................................................1963 HR 423 --Kelley, Charlie, Jr.; commend...........................................................................!963 HR 424 --Jones, Joseph and Cheryl; congratulate..........................................................1963 HR 425 --Elliott, Bill and the Elliott family; commend ................................................1963 HR 426 --Gore, John R. (Bob), Jr.; commend.................................................................1963 HR 427 --Foster, John Lloyd; commend...............................-...........................................1963 HR 428 --Wilkes, Dr. Diane; commend.............................................................................l964 HR 429 --Osborn, Daniel and Gail; congratulate ............................................................1964 HR 430 --Tennille Fine Arts Club; commend..................................................................!964 HR 431 --The Shipwreck restaurant; commend..............................................................1964 HR 432 --Taylor, Reverend Henry C.; condolences........................................................1964 HR 433 --William B. Hartsfield Atlanta International Airport;
relative to.....................................................................................................2033 HR 434 --Wallis, Frances Louise; commend ....................................................................2033
HR 435 --House of Representatives' employees of Legislative Office Building; commend ........................................................................2033
HR 436 --Temple High School Tigers basketball team; commend..............................2033 HR 437 --Greiling, Gene of Greiling Farms, Inc.; commend.........................................2034
HR 438 --Correll, Vie and Wanda Vickers; commend....................................................2034
HR 439 --Folsom, Brad and James Draydowski; commend ..........................................2034
HR 440 --Stewart, Gregory Claude; recognize .................................................................2034
HR 441 --Caldwell, DeVony; commend.............................................................................2034
HR 442 --Pike County Journal and Reporter; commend...............................................2034

INDEX

2691

HR 443 --Binford, Frank and Boy Scouts of Thomaston, Georgia;
HR 444 --The Upson Home Journal; commend ..............................................................2034 HR 445 --Middle Georgia College; convert to four year college;
urge ...............................................................................................................2051 HR 446 --Hicks, Jackson, Wiley; recognize and commend............................................2094 HR 447 --Autism Resource Center; support development.............................................2094 HR 448 --Adjourn 3/8/89; reconvene 3/13/89 ........................................................2125, 2155 HR 449 --Strong, Sylvester, Sr.; commend.......................................................................2136 HR 450 --John Milledge Academy girls basketball team; commend............................2136 HR 451 --Cannon, Jamalyn Matthews; commend...........................................................2136 HR 452 --Bebeau, Lianna B.; commend ...........................................................................2136 HR 453 --Bentley, Johnnie Enoch, Sr.; condolences.......................................................2137 HR 454 --Ellis, Mayor Douglas T.; commend..................................................................2137 HR 455 --Georgia Optometric Association; commend ....................................................2137 HR 456 --Morrow Senior High School Health Occupation Club's
Project SPLASH; commend .....................................................................2142 HR 457 --Riverdale Cubs Baseball Team; commend......................................................2142 HR 458 --Fraternal Order of Clayton County Firefighters, Inc.;
commend......................................................................................... .............2142 HR 459 --Knight, Joseph L.; commend ...................................................... ......................2142 HR 460 --Griswell, Honorable James C. "Charley"; commend.....................................2142 HR 461 --Sizemore, Honorable Earleen; commend.........................................................2142 HR 462 --Roberson, Sidney A. "Tood"; commend..........................................................2142 HR 463 --Lin, C. L. and Wang, Yung Ching; Nan Ya Plastics,
Taiwan; welcome ........................................................................................2153 HR 464 --Murphy, Honorable Thomas B.; Happy Birthday wishes ............................2229 HR 465 --Appropriations; automatic provision - CA............................................2158, 2313 HR 466 --Emerging crops loan fund; appropriate - CA.......................................2158, 2313 HR 467 --Public Facilities; barriers to handicapped; funds
for removal - CA.........................................................................................2312 HR 468 --Greene, Gertrude; commend .............................................................................2217 HR 469 --Jessup, Honorable Ben, Doorkeeper and Assistant
Doorkeepers; commend .............................................................................2217 HR 470 --Worth, John Eugene; commend........................................................................2218 HR 471 --Norte, Harriett Van; commend.........................................................................2218 HR 472 --Arbor Acres Farm; commend ............................................................................2218 HR 473 --Davenport, Guy F.; recognize............................................................................2218 HR 474 --Muhammad, Makeda; commend ......................................................................2218 HR 475 --Morton, Reverend James; commend................................................................2218 HR 476 --Thankful Baptist Church; congratulate and commend ................................2218 HR 477 --Saunders, Bill and Charlene; Savannah Day School;
HR 478 --Flathmann, Mr. and Mrs. Carl A., Sr; commend...........................................2218 HR 479 --Blackmon-Phillips, Lisa; commend and recognize.........................................2218 HR 480 --Kysor Industrial Corporation; Warren Sherer Division;
HR 481 --Miles, Bernard F.; honor....................................................................................2218 HR 482 --Hill, Willie H.; commend...................................................................................2218 HR 483 --Dykes, Everett Floyd; condolences...................................................................2219 HR 484 --Godfrey, Myles; commend.......................... .......................................................2219 HR 485 --Miller Brewing Company; commend................................................................2219 HR 486 --Cobb County Board of Commissioners; investigate solid
waste management; urge ...........................................................................2219 HR 487 --Marietta-Cobb County Consolidation Study Commission;
create..................................................................................................2219, 2511 HR 488 --Daniels, Timothy; commend .............................................................................2219

2692

INDEX

HR 489 --Smith, Amelia; commend...................................................................................2221 HR 490 --Villines, Colonel Aubrey T.; commend and recognize...................................2222 HR 491 --George Walton Academy boys basketball team; commend..........................2222 HR 492 --Fendley, Morris Jackson; commend.................................................................2222 HR 493 --Dockins, Paul Christen; commend ...................................................................2302 HR 494 --Maloof, Honorable Manuel J.; commend ........................................................2302 HR 495 --Martin, Carl T., Jr.; commend..........................................................................2302 HR 496 --Jonesboro Junior High School; commend and recognize..............................2303 HR 497 --Epps, William D.(Doug) commend ..................................................................2303 HR 498 --Glover, Dr. Dennis Fred; commend .................................................................2303 HR 499 --Odom, J. R.; commend.......................................................................................2303 HR 500 --Public facilities; accessibility to disabled;
support efforts ............................................................................................2303 HR 501 --Robinson, Clara; commend and congratulate.................................................2303 HR 502 --Bryer, Richard "Ricky"; commend ..................................................................2303 HR 503 --Albany-Dougherty County Commission on Disadvantaged
Youth; create ....................................................................................2304, 2511 HR 504 --Clayton County School System Music Education Program;
HR 505 --Payne, William (Billy) Porter; commend and invite........................................................................................2325, 2326, 2509
HR 506 --Kaufmann, Alice H.; commend.........................................................................2431 HR 507 --Herbert, Honorable Suzi; commend.................................................................2431 HR 508 --Mohead, Osker; commend ....................................... ..........................................2431 HR 509 --Martin, Carl T., Jr.; best wishes.......................................................................2431 HR 510 --Madison, Coach Carl; commend.......................................................................2431 HR 511 --Reagan, President Ronald Wilson; commend.................................................2431 HR 512 --Home, Dr. Sidney; commend............................................................................2431 HR 513 --1987-88 Marist School athletes and athletic teams;
HR 514 --Soviet Jews and Christians; support "glasnost" and
HR 515 --Legislative Budget Office; commend ...............................................................2413 HR 516 --Smith, Mary Ann; commend.............................................................................2432 HR 517 --Hart County Lady Bulldogs basketball team; commend..............................2432 HR 518 --Hawkinsville High School Lady Devils basketball team;
commend....................................................................... ...............................2432 HR 519 --Nunn, Honorable Sam; commend ....................................................................2432 HR 520 --Holland, Bobby R., St.; congratulate...............................................................2432 HR 521 --Marist School War Eagles basketball team; commend.................................2432 HR 522 --Kluka, Ray; commend........................................................................................2432 HR 523 --Page, Thomas Smith, III; commend ................................................................2432 HR 524 --Brooks, Dr. O. Wayne; commend .....................................................................2432 HR 525 --Morrow Senior High School girls basketball team; commend.....................2432 HR 526 --Addis, Paul T.; commend ..................................................................................2432 HR 527 --Helping Hands, Inc.; Jones, Allan; commend.................................................2432 HR 528 --Simmons, Howard; condolences............................. ...........................................2433 HR 529 --Moye, Herbert J.; condolences..........................................................................2433 HR 530 --Hammonds, Tom; commend .............................................................................2433 HR 531 --Women for Morris Brown College; commend ................................................2433 HR 532 --National Association of Home Builders and Building
Industry Association of Georgia; commend ...........................................2433 HR 533 --Daniel, Thomas E. commend............................................................................2433 HR 534 --State Board of Education; accurate census of population
in 1990; urge................................................................................................2433 HR 535 --Tocoo, Dr. Thomas S.; commend ........................................................... ..........2433 HR 536 --McGill, Honorable Sam P.; condolences ........................................................ .2433

INDEX

2693

HR 537 --Stamey, C. A. "Clarence"; recognize and commend......................................2433 HR 538 --Fulton County; Board of Education; finances of school
system; urge study......................................................................................2433 HR 539 --Pigeon River; urge certain action by Governor of
Tennessee....................................................................................................2434 HR 540 --Donaghadee Male Voice Choir; commend ......................................................2434 HR 541 --Hollywood, California; registration as official
trademark; application ..............................................................................2434 HR 542 --Fassnacht, Jo; commend....................................................................................2445 HR 543 --Rainey, Joanna; commend.................................................................................2445 HR 544 --Tarver, Samantha Jo; commend.......................................................................2496 HR 545 --Smith, Dr. Otis; commend.................................................................................2496 HR 546 --Slaton, Virlyn; Marty Lung and Vivian Waldrop;
commend......................................................................................................2496 HR 547 --Cody, Carlos; Albany Middle School symphonic bank;
commend......................................................................................................2496 HR 548 --Smith, Hampton; commend..............................................................................2496 HR 549 --Bacon County; Blueberry Capital of Georgia; recognize ..............................2496 HR 550 --Quinnelly, Alan; commend ................................................................................2496 HR 551 --Alls, Howard Eugene; commend.......................................................................2496 HR 552 --Southern Regional Press Institute; commend................................................2496 HR 553 --Baker, Jerome William; commend....................................................r .............2496 HR 554 --Russell, Herman Jerome; honor........................................................................2497 HR 555 --House Intern Program members; commend...................................................2497 HR 556 --Quinnelly, Myrtis W.; commend.......................................................................2497 HR 557 --Nu Chapter of the Iota Phi Lambda Sorority; commend............................2497 HR 558 --Burch Sisters; commend and recognize...........................................................2497 HR 559 --Office of Legislative Counsel; commend .........................................................2497

PART IV
SENATE BILLS IN HOUSE
SB 1 --Mountain Protection Act; enact .........................243, 243, 262, 1322, 1501, 1766, 1973, 2033, 2098, 2153, 2153
SB 2 --State Employees; on call time; compensation ..................................689, 691, 711 SB 3 --State employees; certain dismissal; compensation...........................389, 390, 514 SB 4 --Baldwin County; sheriffs' salary ....................................100, 101, 147, 1165, 1180 SB 5 --Elections; time for filing a petition .................................216, 216, 239, 706, 2208 SB 6 --State officials and employees; political
activities........................................................................................389, 391, 514 SB 7 --Motor vehicle insurance; restricted driving
permits ..........................................................................................611, 612, 635 SB 8 --Absentee ballot; certain persons make application
for elector...................................................................216, 216, 239, 706, 2326 SB 9 --State employees; working test employee; amend
application....................................................................................689, 691, 711 SB 11 --Baldwin County; probate court judge; salary ..................................101, 101, 147,
1165, 1181 SB 12 --Baldwin County; tax commissioner; compensation.........................101, 101, 147,
1165, 1181 SB 13 --Insurance and Education Reinvestment Act for Aid
to Families with Dependent Children............................347, 348, 385, 1321 SB 14 --Schools; electronic communication devices;
prohibitions...................................................................................520, 521, 557 SB 19 --Family controlled corporations; voting shares.................................266, 269, 290,
334, 530 SB 20 --Firearms; possession; certain persons........................................266, 269, 290, 707 SB 25 --Life imprisonment or death penalty; judge's
discretion........................................................243, 243, 262, 1525, 2122, 2322 SB 26 --Jail Construction and Staffing Act; enact..............................611, 612, 635, 1757,
1802, 2006 SB 27 --Emission inspection sticker; obtain when
windshield replaced..................................................266, 269, 290, 939, 1668 SB 30 --Campaign contributions; Insurance Commissioner;
prohibitions..............................266, 270, 290, 1321, 1644, 1732, 2042, 2133, 2151, 2454, 2513
SB 31 --Insurance Commissioner; complaints; release to public...........................................................267, 270, 290, 706, 1014, 1188
SB 32 --Motor vehicle insurance; claims; determine value of vehicle...............................................................................267, 270, 290, 686
SB 35 --Insurance Commissioner; approval of rate increase ........................611, 612, 635 SB 37 --Public officials; recall provisions...................................!81, 181, 214, 1141, 1257,
1740, 1913, 2062 SB 38 --Georgia Service Center for Hearing Impaired
Persons; provide....................................181, 181, 214, 706, 882, 1188, 1304,

2696

INDEX

1351, 1518, 1783, 2135 SB 39 --Mental retardation; screening newborns for certain
disorder.....................................................................347, 348, 385, 1321, 1493 SB 41 --State employees; sick leave; convert to personal
leave....................................................................1038, 1041, 1113, 1525, 2132 SB 42 --Municipal elections; recount; amend provisions..............................216, 217, 239,
1651, 1967 SB 43 --Athletic contract; termination of college
eligibility; notify.................................611, 613, 635, 1138, 1525, 1683, 1912 SB 44 --Contracts; payment bonds for public works;
requirements.................................................................................639, 642, 685 SB 45 --Candidates; certain contributions; separate
reporting.........................................................389, 391, 514, 1267, 1666, 1912 SB 46 --State employees; overtime pay in lieu of
compensatory time ......................................................................611, 613, 635 SB 47 --State employees; hospitals and correctional
facilities; night shift supplements.............................................689, 691, 711 SB 49 --Motor vehicle insurance; premium reduction for
certain persons....................................267, 270, 290, 1646, 1753, 1808, 2075 SB 50 --Insurers; delivery of stolen vehicle affidavits;
requirements............................................................348, 349, 385, 1031, 1755 SB 51 --Housing; residential care for elderly, mentally
disabled.......................................................................348, 349, 385, 608, 1047 SB 52 --Public housing; definition...................................390, 391, 514, 566, 608, 667, 947 SB 53 --Highways; length of vehicles; amend provisions ..............................215, 217, 239 SB 59 --Shellfish; regulation of taking .............................................................267, 270, 290 SB 63 --Child support payments; amend collection provisions.......................1119, 1121,
1163, 1362, 1800, 2512 SB 65 --Child abandonment; suspension of sentences .........................293, 294, 333, 498,
549, 573 SB 66 --Crimes; define offense of escape................................293, 295, 333, 498, 549, 575 SB 67 --Probation; community service in lieu of incarceration...........................293, 295,
333, 499, 549, 574 SB 68 --Driver's license; suspension for juveniles;
certain acts ...................................................................................825, 828, 851 SB 70 --Sanitary landfill operators; certification ................................639, 642, 685, 1732,
1938, 2188
SB 75 --Superior Court Judges Retirement; employee contribution ...........................................................943, 947, 1029, 1157, 1477
SB 82 --Department of Industry, Trade and Tourism; name change ................................................................267, 271, 290, 333, 504
SB 83 --Environmental Facilities Authority; assist in disposing of solid waste .................................267, 271, 290, 635, 1052, 1375
SB 84 --Soil and Water Conservation Committee; remove from certain rule-making process..........................293, 295, 333, 940, 1486, 1675, 1756, 1808, 1816, 2448, 2513
SB 85 --Indemnification; remove provisions of law relating to subrogation............................................................268, 271, 290, 516, 1054
SB 86 --Georgia Water Supply Act; enact.......................611, 613, 635, 1732, 1917, 2008, 2099, 2150, 2151, 2436, 2513
SB 88 --Pine straw; certificate of harvest; requirements..............................268, 271, 290, 290, 545
SB 93 --Quality Basic Education; guidance counselors;
salaries...........................................................................................689, 692, 711
SB 99 --Jekyll Island-State Park Authority; membership....................................294, 295,
333, 351
SB 101 --Criminal Justice Coordinating Council; membership;

INDEX

2697

State School Superintendent ..................................520, 522, 557, 707, 1191 SB 102 --Polygraph examiners; rights of examinees; preservation
of records .......................................................268, 271, 290, 1257, 1669, 2512 SB 103 --Witness fees; law enforcement personnel .......................294, 295, 333, 898, 1043 SB 104 --Council of Probate Court Judges; contract with
membership .....................................................294, 295, 333, 898, 1017, 1121 SB 105 --Fishing; creel limits; opening and closing of salt
waters ........................................................'.......268, 272, 290, 898, 1637, 1782 SB 106 --Public hunting and fishing areas; amend acts
constituting trespass ...................................268, 272, 290, 1256, 2020, 2027, 2194, 2322
SB 113 --Private schools; certificates of authorization ...................................348, 349, 385, 898, 1640
SB 116 --Agriculture, Department of; inspection warrants............................268, 272, 290, 290, 661
SB 117 --Meat inspection; certain facilities and establishments...........................268, 272, 290, 606, 661
SB 118 --Motorcycles; headsets and headphones; authorization....................269, 272, 290 SB 119 --Rabbits; slaughtering and processing; certain
exceptions .....................................................................................639, 642, 685 SB 122 --Law enforcement personnel; chief executive training
class...............................................................................269, 272, 290, 516, 659 SB 123 --Probation; ignition interlock device;
instaUation..............................................................................l333, 1337, 1366 SB 124 --Child Health Services Act; create.......................................................689, 692, 711 SB 125 --Insurance; agent's certificate of authorization;
termination.........................................................................858, 860, 897, 1281 SB 127 --Motor vehicle insurance; adverse underwriting
decision.......................................................................560, 562, 606, 706, 1838 SB 132 --Lookout Mountain Judicial Circuit; add judge ................................520, 522, 557 SB 133 --Hospitals; equipment purchases; certain exemptions......................611, 613, 635 SB 137 --Hospitals; renovation projects; certain exemptions........................691, 692, 711,
1991, 2202, 2272, 2296, 2375, 2427, 2456, 2513 SB 139 --Magistrate courts; extradition; jurisdiction......................................294, 296, 333,
898, 1814 SB 140 --Utility contractors; licensing ................................521, 522, 557, 1326, 1827, 2006 SB 141 --Multiline heavy equipment; dealers; regulation..............................639, 642, 685,
939, 1318 SB 142 --Southern Judicial Circuit; add judge ........................................521, 522, 557, 898,
1637, 2006 SB 145 --Counties; official organ; notification.......................................639, 643, 685, 1031,
1635, 1913
SB 147 --Local boards of education; establish sick leave pools..........................................................................689, 692, 711, 1256, 1285
SB 149 --Corrections, Department of; transfer of inmates; fees...........................................................................................H87, 1189, 1266
SB 150 --Financial institutions; competition; unfair practices ..............................560, 562, 606, 1888, 1927, 2188
SB 151 --Financial institutions; filing requirements .......................................561, 563, 606, 1157, 1287
SB 152 --Firemen's Pension Fund; restrict certain membership...........................689, 692, 711, 852, 1637
SB 153 --Cruelty to children; admissibility of certain
testimony ......................................................................................716, 718, 822
SB 155 --Fulton County; rodent control; certain
residencies...............................................................................l784, 1784, 1892
SB 159 --County officials; salary ..........................................389, 391, 514, 1266, 1681, 1913

2698

INDEX

SB 160 --Superior Court Judges Retirement; spouses benefits; amend provisions ............................................690, 693, 711, 852, 1675, 1913
SB 161 --Baldwin County; coroner; annual salary .......................346, 349, 385, 1165, 1182 SB 164 --Handicapped parking; designation ...............................................1466, 1470, 1535 SB 165 --Election Code; amend......................390, 391, 514, 1257, 1817, 1916, 2085, 2153,
2153, 2211, 2211, 2484, 2513 SB 166 --Baldwin County; state court; judge and solicitor;
compensation...........................................................346, 349, 385, 1992, 1996 SB 167 --Atlantic Judicial Circuit; add judge..........................................521, 522, 557, 898,
1734, 2007 SB 168 --Ideal, City of; new charter ..................................................346, 349, 385, 636, 638 SB 169 --Municipalities; council members voting on matters of
personal interest ..........................................................................390, 391, 514 SB 171 --County attorney; appointment; amend provisions ..................................390, 392,
514, 1651 SB 175 --Insurance; provide claimant certain information............................561, 563, 606,
862, 1267 SB 176 --Cobb Judicial Circuit; court administrator......................................347, 350, 385,
853, 857 SB 177 --Voting; seating arrangements for handicapped and
elderly............................................................................................639, 643, 685 SB 178 --Voting; booth for handicapped persons; designation.......................690, 693, 711 SB 180 --Juvenile proceedings; detention homes for delinquent
children ..........................................................690, 693, 711, 1031, 1639, 1783 SB 181 --Divorce; mediation proceedings................................................561, 563, 606, 1646 SB 183 --Superior court clerks; duties ...............................612, 613, 635, 1646, 1679, 2033,
2112, 2155, 2223, 2461, 2513 SB 185 --Foreclosures; consumer transactions; definition........................l273, 1277, 1326,
1646, 1955, 2032, 2112, 2156, 2223, 2456, 2514 SB 186 --Bad checks; lien on merchandise ...................................825, 829, 851, 1327, 1638 SB 187 --Commercial code; reason for dishonor; affidavit.............................825, 829, 851,
1157, 1347 SB 188 --Bad checks; amend provisions .......................1273, 1277, 1326, 1757, 1956, 2188 SB 192 --Coroners; training course; requirement..............................................612, 613, 635 SB 194 --Georgia State Games Commission; create ........................639, 643, 685, 822, 862 SB 195 --Driver's license; suspension; failure to assist
in accidents...................................................................................640, 643, 685 SB 196 --Police officers; offense of eluding; penalty ...............................640, 643, 685, 939 SB 197 --Marriage ceremonies; certain persons; powers..................................640, 643, 685 SB 198 --Auctioneers; qualifications....................................640, 644, 685, 1158, 1793, 2007 SB 199 --Motor vehicle insurance; proof; amend provisions..........................561, 563, 606,
686, 1021 SB 200 --Driver's license; suspension for feckless driving;
penalty ......................................................................825, 829, 851, 1257, 1358 SB 201 --Gwinnett County Facilities Authority; repeal Act
creating..........................................................................................560, 563, 606 SB 202 --Gwinnett County Recreation Authority; revenue bonds;
authorization .................................................560, 563, 606, 1766, 1776, 2188 SB 203 --Streams; certain water rights of passage ...........................................858, 860, 897 SB 204 --Drug trafficking; school property; separate
offense.........................................................................................943, 948, 1029 SB 207 --Guardianship; certain actions by minors; bond
requirements.................................................................................858, 860, 897
SB 208 --Homeless; shelter and meals; implement program to
provide.....................................................................................!546, 1550, 1618
SB 211 --Pardons and Paroles; attorney's representative appear
before Board...........................................................................1119, 1121, 1163

INDEX

2699

SB 212 --Child support; noncustodial parent; amend provisions......................................................................................903, 905, 939
SB 213 --School buses; lights requirements ............................................903, 905, 939, 1257 SB 214 --Used car dealers; definition ..............................................612, 614, 635, 939, 1636 SB 216 --Evidence; competency of witness.........................826, 829, 851, 1934, 2060, 2189 SB 217 --Evidence; defendants' testimony; impeachment ..............................860, 861, 897 SB 218 --Ethics; extortion by public officials;
prohibitions.............................................................................H19, 1122, 1163 SB 225 --Livestock; disposal plants and collection centers;
licensing and inspection.................................640, 644, 685, 897, 1836, 2006 SB 227 --Juvenile Intake Workers and Probation Officers;
state subsidies ........................................................................1549, 1550, 1618 SB 229 --Hospital authorities; powers................................................................904, 906, 939 SB 230 --Architecture; amend provisions......................................826, 829, 851, 1164, 1915 SB 232 --Fair Employment Practices Act of 1989; enact................................718, 718, 822 SB 233 --Insurers; merger; financial statements; filing
requirements................................................944, 948, 1029, 1646, 1796, 2189 SB 234 --Medicare supplement insurance; unfair practices...........................904, 906, 939,
1031, 2080, 2189 SB 235 --Mental health; traumatic brain injury; definition.........................947, 948, 1029,
1646, 1664 SB 236 --State Government; vendor invoices; publication of
aging reports.................................................................................640, 644, 685 SB 237 --Counties and municipalities; solid waste disposal
contracts; bids ........................................................................1543, 1550, 1618 SB 238 --Child custody cases; appeal procedures ..................................904, 906, 939, 1646 SB 239 --Torts; defamatory statements in visual and sound
broadcast; damages ...........................904, 906, 939, 1525, 1948, 2215, 2238, 2287, 2290, 2458, 2514
SB 240 --Local school system; average daily attendance; repeal provision .................................690, 693, 711, 1893, 2134, 2212, 2250, 2304, 2332, 2491, 2514
SB 241 --Used Vehicle Dismantlers, Rebuilders, and Salvage Dealers; extend board...............................................640, 644, 685, 939, 2029
SB 242 --Police chief emeritus; create honorary office .........................904, 906, 939, 1647 SB 244 --Municipalities; certain process; powers;
jurisdiction...............................................................826, 829, 851, 1525, 1752 SB 245 --Municipalities; property conveyance; requirements................................944, 948,
1029, 1165, 1378, 1545 SB 247 --LaGrange; board of education; superintendent's
appointment.................................................................638, 644, 685, 899, 902 SB 248 --Drivers' license; suspension; notify Public Safety
Department ..................................................................1274, 1277, 1326, 1992 SB 249 --Counties; officials and employees; provide certain
benefits...........................................................716, 718, 822, 1158, 1932, 2188 SB 251 --Indigent defense; public defender; authorization....................................904, 906,
939, 1757 SB 252 --Cremation; disposition of remains.................................858, 861, 897, 1646, 1948 SB 253 --Monroe County; superior court clerk; compensation......................610, 614, 635,
899, 902 SB 254 --Griffin-Spalding County Charter Commission; create............................638, 644,
685, 1032, 1036
SB 255 --Bailable offense before superior court judge;
notification ..........................................826, 830, 851, 1646, 2134, 2211, 2246
SB 257 --Georgia Correctional Industries Administration;
capital projects; powers ........................1038, 1042, 1113, 1362, 1784, 1914,
1945, 2125, 2135, 2215, 2254, 2282, 2323

2700

INDEX

SB 260 --Department of Public Safety; deputy commissioner; abolish position..................................904, 907, 939, 1352, 1825, 2099, 2136, 2259, 2261, 2453, 2514
SB 261 --Fire safety; amend building standards and inspection provision.........................................................826, 830, 851, 1362, 1945, 2189
SB 262 --Department of Public Safety; Uniform Division; qualifications ................................................................................904, 907, 939
SB 264 --Pawnbrokers; amend regulations.........................826, 830, 851, 1366, 1950, 2189 SB 265 --Lobbying; certain state officials; registration.......................................!274, 1277,
1326. 1651 SB 266 --Hall County; state court judge and solicitor;
compensation ...........................................................824, 830, 851, 1032, 1037 SB 267 --Georgia Health Insurance Pool; provisions................................1372, 1376, 1456,
1646, 1786, 1932, 1937, 2009, 2099, 2473, 2514 SB 268 --Medicaid Prescription Drug Bidding and Rebate
Program;..................................................................................1038, 1042, 1113 SB 270 --Open meetings, notices; public records, definitions............................1546, 1550,
1618, 1757, 1804, 1913, 1984, 2138, 2150 SB 271 --Legal advertisements; change rates..............................................!546, 1550, 1618 SB 272 --Foresters; qualifications and requirements;
licensing......................................................................859, 861, 897, 940, 1633 SB 273 --Traffic violations; district attorney act as
prosecutor...........................................................!274, 1278, 1326, 1646, 1751 SB 274 --Highways; counties and municipalities; contract
negotiations........................................................!038, 1042, 1113, 1525, 1931 SB 275 --Graves; disposal of body unlawfully removed;
prohibitions........................................................U87, 1189, 1266, 1536, 1665 SB 276 --Georgia Peanut Commission; create........................828, 830, 851, 897, 951, 1188 SB 277 --Alcoholic beverages; certain establishments;
Sunday sales ...........................944, 948, 1029, 1647, 1965, 2010, 2250, 2323 SB 280 --Pardons and Paroles; certain offenses;
restrictions..............................................................................1549, 1550, 1618 SB 281 --Monticello; employment; residency requirements...........................903, 907, 939,
1327. 1331 SB 285 --Savannah; mayor and aldermen; election.....................857, 861, 897, 1619, 1630 SB 286 --Chatham County; certain officials; compensate ..............................858, 861, 897,
1165, 1183, 1549, 1602 SB 287 --Juvenile courts; district attorney conduct
delinquency proceedings............................944, 948, 1029, 1934, 2131, 2323 SB 290 --Gambling; certain games; exception ............................944, 949, 1029, 1326, 2212 SB 291 --Billiard rooms; regulation..............................................................1119, 1122, 1163 SB 294 --Professional Counselors, Social Workers and Marriage
and Family therapists; termination...................................1187, 1189, 1266, 1651, 1933, 2512
SB 295 --Cobb County; annex certain territory..........................................1118, 1122, 1163 SB 296 --Public contracts; bids; restrictions ...............................................1549, 1551, 1618 SB 297 --Public records; certain staff services; disclosure
requirements......................H19, 1122, 1163, 1604, 1612, 1645, 1645, 1666, 1984, 2275, 2324
SB 298 --Probate courts; filling vacancies; amend provisions...............................................................944, 949, 1029, 1646, 1653
SB 299 --State Government; publications; repeal certain
requirements............................................!333, 1337, 1366, 1893, 2019, 2189
SB 308 --License plates; certain military; red, white and
blue colors...............................................................................!274, 1278, 1326
SB 309 --Boats; discharge of sewage on Lake Lanier;
certain exceptions.............................................1543, 1551, 1618, 1991, 2207

INDEX

2701

SB 310 --Telecommunication; hearing and speech impaired persons; certain service....................................1546, 1551, 1618, 2245, 2326
SB 311 --State Board of Education; membership; qualifications..........................................................................1543, 1551, 1618
SB 313 --Firefighters and Emergency Medical Technicians; voluntary vaccinations......................................l466, 1470, 1535, 1991, 2259
SB 314 --Blue Ridge, City of; new charter.......................................1909, 1914, 1991, 2159, 2161, 2323
SB 315 --Cobb County; solicitor; election and compensation ............................1037, 1042, 1113, 1894, 1902
SB 317 --Liens; repair of certain equipment; retain possession ........................1274, 1278, 1326, 1536, 1740, 1912
SB 318 --Medical examiners; embalm body before releasing ..................1466, 1470, 1535, 2266, 2327
SB 319 --Medical examiners; certain examinations; fees..........................!466, 1470, 1535, 2266, 2447
SB 320 --Emergency Medical services personnel; responsibility .......................1546, 1551, 1618, 1991, 2255
SB 321 --Civil actions; service of process; amend provisions .............................1274, 1278, 1326, 1757, 1947
SB 322 --Traffic offenses; fines; additional penalties..........................................H20, 1122, 1163, 1647
SB 323 --Atlanta; certain contracts; mayoral authorization...............................1543, 1551, 1618, 1893, 2219, 2324
SB 324 --Superior court; judge serve while member of Retirement System .................................1466, 1470, 1535, 1784, 1934, 2210
SB 326 --Planning and Budget, Office of; continuation budget report..........................................................................ll20, 1122, 1164
SB 327 --Cobb County; state court; costs.........................................H18, 1123, 1164, 1536, 1540, 1783
SB 328 --Abandoned motor vehicles; liens; filing fee.................................!372, 1376, 1456 SB 329 --Civil actions; dismissal; certain costs................................!372, 1376, 1456, 1934,
2094, 2323 SB 331 --Stone Mountain, City of; deannex certain territory ...........................1121, 1123,
1164, 1267, 1271 SB 332 --Coweta Judicial Circuit; supplement.......................H19, 1123, 1164, 1894, 1903 SB 333 --Hospitals; staff privileges; discrimination;
prohibitions.............................................................................l547, 1552, 1618 SB 334 --Atlanta, City of; homestead exemption; elderly
and disabled ............................................1371, 1376, 1456, 1894, 1894, 2189 SB 335 --Atlanta, City of; traffic offenses; penalty ....................................1467, 1470, 1535 SB 340 --Marietta-Cobb County Anti-Drug Commission; provide ...................1272, 1278,
1326, 2035, 2037, 2254, 2267 SB 341 --Macon-Water Commissioners Pension Plan; benefits ........................1186, 1189,
1266, 1894, 1903 SB 342 --Special license plates; colleges or universities ............................1547, 1552, 1618 SB 343 --Hearing Aid Dealers and Dispensers; examination...................!467, 1471, 1535,
1991, 2209
SB 345 --Boards of education; membership; eligibility ............................1543, 1552, 1618, 1991, 2254
SB 346 --Administrative Procedure; hearings; private session......................................................................................!547, 1552, 1618
SB 347 --Motor vehicles; chemical tests; serious traffic
accident....................................................1467, 1471, 1535, 1992, 2445, 2512
SB 349 --Floyd County; juvenile court; duties and salary ........................1332, 1337, 1366
SB 350 --Children and youth; custody of Human Resources;
education services...................................!543, 1552, 1618, 2142, 2193, 2324

2702

INDEX

SB 351 --Public officials; financial disclosure; filing..................................1547, 1552, 1618 SB 352 --Augusta; airport authority; create ................................................2010, 2018, 2159 SB 353 --Children and youth investment fund; traffic
fines .........................................................................................1547, 1553, 1618 SB 354 --Prisoners; transmittal information; notification.........................1544, 1553, 1618 SB 355 --Georgia Children and Youth Overview Committee;
create.......................................................................................1548, 1553, 1618 SB 356 --Hart County; commissioners; create new board.........................!332, 1337, 1366 SB 357 --Hart County; sheriffs compensation ...........................................1332, 1338, 1366 SB 358 --Hart County; tax commissioner's compensation........................1332, 1338, 1366 SB 359 --Hart County; superior court clerk and probate court
judge; compensation..............................................................1333, 1338, 1366 SB 360 --Health care; facilities for treatment of traumatic
brain injury..............................................!548, 1553, 1618, 1991, 2205, 2323 SB 361 --State property; resolutions conveying;
requirements...................,.......................................................1547, 1553, 1618 SB 363 --Atlanta; traffic court; funds for constructing jails ..............................1467, 1471,
1535, 1893, 2443 SB 364 --Municipal officers and employees; compensation
increases; date ........................................................................1467, 1471, 1535 SB 365 --Warren County; deputy sheriffs; appointment..........................!371, 1376, 1456,
1968, 1969, 2190 SB 367 --Detention Buildings and Facilities Authorities Law;
enact........................................................................................1547, 1553, 1618 SB 368 --School discipline hearings; open meeting and records
provisions...........................................................1548, 1554, 1618, 1991, 2447 SB 369 --Development authority; colleges; certain facilities
used by athletic association.................................................1548, 1554, 1618 SB 371 --Juveniles; detention proceedings.......................................1548, 1554, 1618, 1934,
2434, 2512 SB 372 --Courts; chief magistrates; minimum compensation.................. 1549, 1554, 1618,
1934, 2448 SB 374 --At-risk children and youth; establish certain goals;
strategy ....................................................................................1548, 1554, 1618 SB 375 --Ludowici, City of; one election district with
five posts..................................................1541, 1554, 1618, 1894, 1903, 2190 SB 376 --Jasper County; superior court; place on annual
salary...................................................................!541, 1555, 1618, 1652, 1659 SB 377 --Cobb County; state court; clerk and chief deputy
clerk; compensation..........................................1541, 1555, 1618, 1766, 1778 SB 379 --Cobb County; state court; chief judge; create
position...............................................................1541, 1555, 1618, 1766, 1778 SB 382 --Children and youth; community innovation zones;
designate.................................................................................1548, 1555, 1618 SB 383 --Juveniles; local justice services; funding...................................... 1548, 1555, 1618 SB 384 --Wilkinson County; board of education member serve
as municipal officer...............................................................1630, 1633, 1650 SB 385 --Gordon; municipal officer serve on Wilkinson County
board of education.................................................................!659, 1662, 1765 SB 387 --Gwinnett County; board of commissioners; expenses;
disclosure...........-................................................1659, 1662, 1765, 1968, 1968 SB 388 --Gwinnett County; public defender; create office .......................1659, 1662, 1765
SB 390 --Cobb County; state court; compensation; certain
judges..................................................................l659, 1663, 1765, 1894, 1906
SB 392 --Keysville, City of; new charter......................................................!906, 1914, 1991
SB 393 --Charles, City of; abolish ............................................1906, 1914, 1991, 2159, 2180
SB 394 --Gwinnett County; historian; appointment .................................1906, 1914, 1991,

INDEX

2703

2159, 2180 SB 395 --Cobb County Community Improvement Districts;
amend provisions ..............................................1906, 1914, 1991, 2313, 2314 SB 397 --Dawson County; sheriff; compensation...................!907, 1915, 1991, 2313, 2315 SB 398 --Marietta, City of; mayor and councilmen;
qualifications......................................................2010, 2018, 2159, 2313, 2314 SB 399 --Savannah, City of; corporate limits..............................................2010, 2018, 2159 SB 400 --Cobb County; redevelopment powers......................2010, 2018, 2159, 2313, 2314 SB 404 --Cobb County; classified and unclassified positions;
amend provisions..............................................2010, 2018, 2159, 2313, 2314 SB 405 --Northeastern Judicial Circuit; supplement.................................2204, 2205, 2313 SB 406 --Blue Ridge Judicial Circuit; supplement.....................................2204, 2205, 2313

PART V
SENATE RESOLUTIONS IN HOUSE
SR 2 --Notify the House of Representatives the Senate has convened.............................................................................................l3, 18
SR 4 --General Assembly; open meetings - CA ............................................148, 148, 177 SR 5 --Marietta; convey property ......................................562, 564, 606, 719, 1362, 1736 SR 7 --Joint Legislative Committee on Economy, Reorganization
and Efficiency in State Government; create...........................148, 148, 177 SR 22 --Wilkinson County; grant nonexclusive easement............................562, 564, 606,
1107, 1382, 1545 SR 23 --Baldwin County; convey property ....................................................946, 949, 1029 SR 24 --Roswell Presbyterian Church; commend...................................................148, 149 SR 25 --Chatham County; convey easements.............................562, 564, 606, 1362, 1385 SR 27 --Insurance agents; unfair termination......................................348, 350, 385, 1321,
2446, 2512 SR 30 --State Lottery; provide - CA ......................................................282, 296, 333, 1326 SR 35 --Joel Cowan Parkway; designate .....................................389, 392, 514, 1526, 2447 SR 36 --Floy Farr Parkway; designate .............................................................389, 392, 514 SR 37 --Pardon and Paroles; certain conviction; serve
one-third of sentence - CA...................................................1275, 1278, 1326 SR 39 --William A. Ridley Bridge; designate .............................389, 392, 514, 1322, 1505 SR 42 --Elections; vacancy in office when qualifying for
another - CA......................................................................389, 392, 514, 1651 SR 52 --Education; hiring practices; discrimination ....................................946, 949, 1029 SR 54 --Baldwin County; convey property.....................................l544, 1555, 1618, 1758,
1810, 2290, 2428, 2494 SR 58 --Statewide grand juries; create; CA...............................................1275, 1279, 1326 SR 60 --Auto Insurance Costs Containment; create joint
committee ......................................................859, 861, 897, 1646, 1970, 2188 SR 62 --Gwinnett County; grant easement; underground
transmission line ...................................................946, 949, 1029, 1362, 1736 SR 63 --Fulton County; convey property........................946, 949, 1029, 1362, 1671, 1912 SR 64 --Atlanta-Fulton County; convey property ....................................1041, 1042, 1113 SR 67 --Effingham County; grant easement ......................................946, 949, 1029, 1362,
1736, 1912 SR 68 --Tattnall County; grant easement .................................946, 950, 1029, 1362, 1557 SR 70 --Access to Health Care Commission; create.................................H87, 1189, 1266 SR 92 --Joint Study Committee on Public School Freedom of
Choice; create ........................................................946, 950, 1029, 1525, 1839 SR 95 --Battle Smith Bridge; designate ......................................859, 861, 897, 1108, 1124 SR 96 --State Board of Pardons and Paroles; members;
terms - CA....................................................................................860, 862, 897 SR 99 --Joint Georgia Military College Study Committee;
create.......................................................................946, 950, 1029, 1651, 1812 SR 103 --Joint Study Committee on Solid Waste Management;

2706

INDEX

create ..............................................................905, 907, 939, 1164, 1734, 1912 SR 110 --Joint Study Committee on Cost Display on State
Publications; create...............................................................1120, 1123, 1164 SR 116 --Public officials; certain crimes; ineligibility to
hold office - CA......................................................................1120, 1123, 1164 SR 120 --Jonesboro, City of; convey property to Clayton
County................................................................1187, 1189, 1266, 1362, 1736 SR 122 --Atlanta; bond indebtedness without referendum;
educational purposes.............................................................1187, 1190, 1266 SR 126 --Atlanta; convey property...........................................H87, 1190, 1266, 1362, 1678 SR 127 --Decatur County; convey property to City of
Bainbridge..........................................................ll88, 1190, 1266, 1362, 1638 SR 128 --Joint West Point Lake Study Committee; create ...............................1544, 1556,
1618, 1893, 2051, 2187 SR 132 --Burke County; grant easement.................................H88, 1190, 1266, 1362, 1740 SR 140 --Commission on Economy and Efficiency in State
Government; create...........................................1120, 1123, 1164, 2436, 2468 SR 142 --Transportation trust funds; remove from federal
budget; urging....................................................!276, 1279, 1326, 1526, 2029 SR 152 --Equalized Adjusted School Property Tax Digest
Study Committee; create.................................1544, 1556, 1618, 2193, 2215 SR 154 --Taliaferro County; grant easement.........................!544, 1556, 1618, 1758, 1916,
2011, 2188 SR 164 --Douglas County; convey property to U S Army Corps
of Engineers.......................................................1556, 1588, 1618, 1758, 1813 SR 170 --Citizens' Committee for Skidaway Island State Park;
commend...........................................................................................1337, 1354 SR 171 --Chatham County; exchange of public property.........................!556, 1589, 1618,
1758, 1795 SR 175 --Sumter County; convey property .............................1556, 1589, 1618, 1758, 1813 SR 176 --Macon as Permanent Site of Music Hall of Fame;
create Commission......................1911, 1915, 1991, 2034, 2219, 2303, 2332, 2381, 2427, 2482, 2513
SR 188 --Spigel, Bernice B.; commend...........,.......................................................1468, 1494 SR 195 --Adjourn 2/24/89; reconvene 2/27/89.......................................................1447, 1447 SR 222 --Free Enterprise Day; proclaim March 8, 1989......................................1911, 1964
SR 265 --Adjourn 3/13/89, reconvene 3/13/89 .......................................................2267, 2304 SR 275 --Adjourn sine die; 3/15/89 ..........................................................................2509, 2509